Colorado 2022 Regular Session

Colorado House Bill HB1376 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0867.01 Jane Ritter x4342
1	8		HOUSE BILL 22-1376
2		-	BY REPRESENTATIVE(S) Herod and Young, Amabile, Bernett,
3		-	Boesenecker, Cutter, Duran, Esgar, Exum, Froelich, Hooton, Jodeh, Kipp,
4		-	Lindsay, Lontine, McCluskie, McLachlan, Michaelson Jenet, Sirota, Titone,
5		-	Valdez D., Bacon, Gonzales-Gutierrez, Ortiz, Valdez A.;
6		-	also SENATOR(S) Priola and Winter, Bridges, Buckner, Coleman,
7		-	Danielson, Gonzales, Hinrichsen, Jaquez Lewis, Lee, Moreno, Pettersen,
8		-	Story, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Education Judiciary
	11	+	Appropriations Finance
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
9	14		C
10		-	ONCERNING SUPPORTIVE LEARNING ENVIRONMENTS FOR K-12 STUDENTS,
11		-	AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
12		-
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. In Colorado Revised Statutes, add 22-1-138 and
15		-	22-1-139 as follows:
16		-	22-1-138. Information collected and posted on department
	15	+	ONCERNING SUPPORTIVE LEARNING ENVIRONMENTS FOR K-12101
	16	+	STUDENTS, AND, IN CONNECTION THEREWITH, MAKING AN102
	17	+	APPROPRIATION.103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill requires the department of education (department) to
	26	+	compile data and create reports based on information received from
	27	+	school districts and charter schools (schools) related to chronic
	28	+	absenteeism rates, the number of in-school and out-of-school suspensions,
	29	+	the number of expulsions, the number of students handcuffed or
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 11, 2022
	33	+	SENATE
	34	+	Amended 2nd Reading
	35	+	May 10, 2022
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	May 2, 2022
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	April 29, 2022
	42	+	HOUSE SPONSORSHIP
	43	+	Herod and Young, Amabile, Bernett, Boesenecker, Cutter, Duran, Esgar, Exum, Froelich,
	44	+	Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie, McLachlan, Michaelson Jenet, Sirota,
	45	+	Titone, Valdez D.
	46	+	SENATE SPONSORSHIP
	47	+	Priola and Winter, Bridges, Buckner, Coleman, Danielson, Fenberg, Gonzales,
	48	+	Hinrichsen, Jaquez Lewis, Lee, Moreno, Pettersen, Story
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	51	+	Dashes through the words indicate deletions from existing statute. restrained, the number of referrals to law enforcement, and the number of
	52	+	school-related arrests. The department shall annually update and post
	53	+	such data and reports on its website.
	54	+	The department shall create easily accessible and user-friendly
	55	+	school district profiles relating to school climate, including school climate
	56	+	surveys.
	57	+	Restrictions concerning the use of restraints on students are
	58	+	increased, including providing, creating, and implementing training for
	59	+	school staff and school security staff on the use of restraints and adding
	60	+	restrictions to the use of restraints on students.
	61	+	The department is required to develop a policy for hiring, training,
	62	+	and evaluating school resource officers.
	63	+	For the state fiscal year 2022-23, the bill requires an additional
	64	+	appropriation of $2 million to the department to continue the expelled and
	65	+	at-risk student services program for the purpose of providing services and
	66	+	supports to develop effective attendance and discipline systems, to
	67	+	address educational inequities and disproportionate discipline practices,
	68	+	and to offer staff training and technical assistance to ensure the culturally
	69	+	responsive implementation of services and supports.
	70	+	Be it enacted by the General Assembly of the State of Colorado:1
	71	+	SECTION 1. In Colorado Revised Statutes, add 22-1-134 and2
	72	+	22-1-135 as follows:3
	73	+	22-1-134. Information collected and posted on department4
17	74		website. O
18		-	N OR BEFORE AUGUST 31, 2023, THE DEPARTMENT OF EDUCATION
19		-	SHALL STANDARDIZE THE REPORTING METHOD THAT SCHOOL DISTRICTS
20		-	,
21		-	INCLUDING CHARTER SCHOOLS OF A SCHOOL DISTRICT AND INSTITUTE
22		-	CHARTER SCHOOLS
23		-	, USE TO COLLECT AND REPORT DATA CONCERNING
24		-	SUSPENSIONS AND EXPULSIONS
25		-	, ARRESTS AND REFERRALS , CHRONIC
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. ABSENTEEISM, INCIDENTS OF VIOLENCE, AND HARASSMENT AND BULLYING ,
34		-	AND THE SAFE SCHOOL REPORTING REQUIREMENTS SET FORTH IN SECTION
35		-	22-32-109.1. IN MAKING ITS DETERMINATION REGARDING THE
36		-	STANDARDIZATION
37		-	, THE DEPARTMENT OF EDUCATION SHALL CONSULT WITH
38		-	SCHOOL DISTRICTS AND SCHOOL ADMINISTRATORS
39		-	, SCHOOL BOARD
40		-	MEMBERS
41		-	, TEACHERS, LAW ENFORCEMENT REPRESENTATIVES , SCHOOL
42		-	RESOURCE OFFICERS
43		-	, K-12 ADVOCATES, AND OTHER RELE VANT
44		-	STAKEHOLDERS
45		-	. IN MAKING ITS DETERMINATION , THE DEPARTMENT OF
46		-	EDUCATION SHALL ENSURE ALL STUDENT
47		-	-LEVEL DATA IS KEPT
48		-	CONFIDENTIAL AND REPORTING COMPLIES WITH THE
49		-	"COLORADO PRIVACY
50		-	ACT", ESTABLISHED PURSUANT TO PART 13 OF ARTICLE 1 OF TITLE 6, THE
51		-	FEDERAL
52		-	"FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20
53		-	U.S.C.
54		-	SEC. 1232g, AND THE "STUDENT DATA TRANSPARENCY AND
55		-	SECURITY ACT", CREATED PURSUANT TO ARTICLE 16 OF THIS TITLE 22,
56		-	WHICH MUST INCLUDE THE APPLICATION OF DATA SUPPRESSION POLICIES TO
57		-	AVOID THE RE
58		-	-IDENTIFICATION OF ANY INDIVIDUAL IN ANY PUBLIC REPORTS.
	75	+	N OR BEFORE AUGUST 31, 2023, THE DEPARTMENT OF5
	76	+	EDUCATION SHALL STANDARDIZE THE REPORTING METHOD THAT SCHOOL6
	77	+	DISTRICTS, INCLUDING CHARTER SCHOOLS OF A SCHOOL DISTRICT AND7
	78	+	INSTITUTE CHARTER SCHOOLS , USE TO COLLECT AND REPORT DATA8
	79	+	CONCERNING SUSPENSIONS AND EXPULSIONS , ARRESTS AND REFERRALS,9
	80	+	CHRONIC ABSENTEEISM, INCIDENTS OF VIOLENCE, AND HARASSMENT AND10
	81	+	BULLYING, AND THE SAFE SCHOOL REPORTING REQUIREMENTS SET FORTH11
	82	+	IN SECTION 22-32-109.1. IN MAKING ITS DETERMINATION REGARDING THE12
	83	+	STANDARDIZATION, THE DEPARTMENT OF EDUCATION SHALL CONSULT13
	84	+	WITH SCHOOL DISTRICTS AND SCHOOL ADMINISTRATORS , SCHOOL BOARD14
	85	+	1376-2- MEMBERS, TEACHERS, LAW ENFORCEMENT REPRESENTATIVES , SCHOOL1
	86	+	RESOURCE OFFICERS, K-12 ADVOCATES, AND OTHER RELEVANT2
	87	+	STAKEHOLDERS. IN MAKING ITS DETERMINATION, THE DEPARTMENT OF3
	88	+	EDUCATION SHALL ENSURE ALL STUDENT-LEVEL DATA IS KEPT4
	89	+	CONFIDENTIAL AND REPORTING COMPLIES WITH THE "COLORADO PRIVACY5
59	90		A
60		-	S PART OF THE PROCESS, THE DEPARTMENT OF EDUCATION MAY CONSIDER
61		-	WHETHER TO ADOPT NEW REPORTING CATEGORIES OR REQUIRE ADDITIONAL
62		-	OR DIFFERENT DATA TO BE COLLECTED TO IMPROVE ACCURACY
63		-	,
64		-	CONSISTENCY, AND QUALITY OF DATA.
65		-	22-1-139. Accessible district profile reports - school climate
	91	+	CT", ESTABLISHED PURSUANT TO PART 13 OF ARTICLE 1 OF TITLE 6, THE
	92	+	6
	93	+	FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 207
	94	+	U.S.C. SEC. 1232g, AND THE "STUDENT DATA TRANSPARENCY AND8
	95	+	SECURITY ACT", CREATED PURSUANT TO ARTICLE 16 OF THIS TITLE 22,9
	96	+	WHICH MUST INCLUDE THE APPLICATION OF DATA SUPPRESSION POLICIES10
	97	+	TO AVOID THE RE-IDENTIFICATION OF ANY INDIVIDUAL IN ANY PUBLIC11
	98	+	REPORTS. AS PART OF THE PROCESS, THE DEPARTMENT OF EDUCATION MAY12
	99	+	CONSIDER WHETHER TO ADOPT NEW REPORTING CATEGORIES OR REQUIRE13
	100	+	ADDITIONAL OR DIFFERENT DATA TO BE COLLECTED TO IMPROVE14
	101	+	ACCURACY, CONSISTENCY, AND QUALITY OF DATA.15
	102	+	22-1-135. Accessible district profile reports - school climate16
66	103		reports and surveys - reporting - definition. (1) (a) O
67		-	N OR BEFORE
68		-	AUGUST 31, 2024, THE DEPARTMENT OF EDUCATION SHALL WORK TO
69		-	DEVELOP EASILY ACCESSIBLE
70		-	, USER-FRIENDLY PROFILE REPORTS FOR EACH
71		-	SCHOOL DISTRICT AND THE CHARTER SCHOOL INSTITUTE
72		-	. THE REPORTS MUST
73		-	BE MADE EASILY ACCESSIBLE TO THE GENERAL PUBLIC THROUGH A LINK ON
74		-	THE DEPARTMENT OF EDUCATION
75		-	'S WEBSITE; UPDATED ANNUALLY ; AND
76		-	DISAGGREGATED BY GENDER
77		-	, GRADE LEVEL, ETHNICITY, DISABILITY,
	104	+	N OR BEFORE17
	105	+	A
	106	+	UGUST 31, 2024, THE DEPARTMENT OF EDUCATION SHALL
	107	+	WORK TO18
	108	+	DEVELOP EASILY ACCESSIBLE, USER-FRIENDLY PROFILE REPORTS FOR EACH19
	109	+	SCHOOL DISTRICT AND THE CHARTER SCHOOL INSTITUTE . THE REPORTS20
	110	+	MUST BE MADE EASILY ACCESSIBLE TO THE GENERAL PUBLIC THROUGH A21
	111	+	LINK ON THE DEPARTMENT OF EDUCATION 'S WEBSITE; UPDATED22
	112	+	ANNUALLY; AND DISAGGREGATED BY GENDER , GRADE LEVEL, ETHNICITY,23
	113	+	DISABILITY, ENGLISH LANGUAGE LEARNER STATUS , FREE AND24
	114	+	REDUCED-PRICE LUNCH STATUS, AND HOMELESS STATUS TO THE MAXIMUM25
	115	+	EXTENT POSSIBLE IN COMPLIANCE WITH THE "COLORADO PRIVACY ACT",26
	116	+	ESTABLISHED PURSUANT TO PART 13 OF ARTICLE 1 OF TITLE 6, THE27
	117	+	1376
	118	+	-3- FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY RIGHTS ACT OF1
	119	+	1974",
	120	+	20 U.S.C. SEC. 1232g,
	121	+	AND THE "STUDENT DATA TRANSPARENCY2
	122	+	AND SECURITY ACT" CREATED PURSUANT TO ARTICLE 16 OF THIS TITLE 22.3
	123	+	T
	124	+	O PREPARE THE PROFILE REPORTS , THE DEPARTMENT OF EDUCATION4
	125	+	SHALL COLLECT THE INDIVIDUAL STUDENT DATA DESCRIBED IN5
	126	+	SUBSECTION (1)(b) OF THIS SECTION. THE DEPARTMENT OF EDUCATION6
	127	+	SHALL
	128	+	MAINTAIN STRICT STANDARDS FOR STUDENT DATA PRIVACY ,7
	129	+	COMPLY WITH STANDARDS FOR REPORTING DATA FOR A STUDENT WITH AN8
	130	+	ACCOMMODATION PURSUANT TO SECTION 504 OF THE FEDERAL9
	131	+	"REHABILITATION ACT OF 1973", 29 U.S.C. SEC. 701 ET SEQ., AS10
	132	+	AMENDED, AND ITS IMPLEMENTING REGULATIONS, OR A STUDENT WITH AN11
	133	+	INDIVIDUALIZED EDUCATION PLAN, AND SHALL NOT PUBLICLY REPORT12
	134	+	INDIVIDUAL STUDENT DATA FOR ANY PURPOSE, INCLUDING AS PART OF THE13
	135	+	DISTRICT PROFILE REPORTS.14
	136	+	(b) T
	137	+	HE PROFILE REPORTS MUST INCLUDE, BUT ARE NOT LIMITED15
	138	+	TO:16
	139	+	(I) C
	140	+	HRONIC ABSENTEEISM RATES;17
	141	+	(II) T
	142	+	HE NUMBER OF IN -SCHOOL AND OUT -OF-SCHOOL18
	143	+	SUSPENSIONS;19
	144	+	(III) T
	145	+	HE NUMBER OF EXPULSIONS;20
	146	+	(IV) T
	147	+	HE NUMBER OF STUDENTS HANDCUFFED ;21
	148	+	(V) T
	149	+	HE NUMBER OF REFERRALS TO LAW ENFORCEMENT . AS USED22
	150	+	IN THIS SECTION, "REFERRALS TO LAW ENFORCEMENT " MEANS WHEN A23
	151	+	SCHOOL EMPLOYEE PROACTIVELY CALLS , SUMMONS, OR REQUESTS A LAW24
	152	+	ENFORCEMENT OFFICIAL, INCLUDING A SCHOOL RESOURCE OFFICER , TO:25
	153	+	(A) R
	154	+	ESPOND TO AN INCIDENT ON SCHOOL GROUNDS INVOLVING26
	155	+	A POSSIBLE VIOLATION OF LOCAL, STATE, OR FEDERAL LAW;27
	156	+	1376
	157	+	-4- (B) ENGAGE WITH A STUDENT OR THIRD PARTY ON SCHOOL1
	158	+	GROUNDS WHO IS CREATING A POTENTIALLY DANGEROUS SITUATION ; OR2
	159	+	(C) E
	160	+	NFORCE A LOCAL, STATE, OR FEDERAL RULE, REGULATION, OR3
	161	+	LAW ON SCHOOL GROUNDS , IN A SCHOOL VEHICLE, OR AT A SCHOOL4
	162	+	ACTIVITY OR SCHOOL-SANCTIONED EVENT;5
	163	+	(VI) T
	164	+	HE NUMBER OF SCHOOL-RELATED ARRESTS, INCLUDING AN6
	165	+	ARREST THAT OCCURS ON SCHOOL GROUNDS , IN A SCHOOL VEHICLE, OR AT7
	166	+	A SCHOOL ACTIVITY OR SCHOOL-SANCTIONED EVENT;8
	167	+	(VII) T
	168	+	HE NUMBER OF STUDENTS PHYSICALLY RESTRAINED ; AND9
	169	+	(VIII) T
	170	+	HE NUMBER OF STUDENTS PLACED IN SECLUSION .10
	171	+	(2) (a) T
	172	+	HE DISTRICT PROFILES MUST INCLUDE DATA COLLECTED11
	173	+	PURSUANT TO SECTION 22-2-112 (1)(u)(I) AND ANY OTHER EXISTING12
	174	+	DISTRICT-LEVEL MEASURES THAT THE DEPARTMENT OF EDUCATION13
	175	+	DETERMINES RELEVANT AND RELATED TO SCHOOL CLIMATE . IN14
	176	+	DEVELOPING THE PROFILES, THE DEPARTMENT OF EDUCATION SHALL15
	177	+	CONSULT WITH STAKEHOLDERS , INCLUDING MEMBERS OF THE STATE16
	178	+	ADVISORY COUNCIL FOR PARENT INVOLVEMENT IN EDUCATION , CREATED17
	179	+	IN SECTION 22-7-303; MEMBERS OF THE COLORADO SPECIAL EDUCATION18
	180	+	ADVISORY COMMITTEE APPOINTED PURSUANT TO SECTION 22-20-10419
	181	+	(2)(a);
	182	+	AND STAKEHOLDERS WHO REPRESENT THE DISABILITY COMMUNITY ;20
	183	+	K-12
	184	+	ADVOCATES AND STUDENTS ; AND REPRESENTATIVES OF21
	185	+	ASSOCIATIONS REPRESENTING SCHOOL EXECUTIVES , SCHOOL BOARDS,22
	186	+	SPECIAL EDUCATION DIRECTORS, CHARTER SCHOOLS, AND TEACHERS.23
	187	+	(b) T
	188	+	HE DEPARTMENT OF EDUCATION MAY CONSULT WITH STATE24
	189	+	AND NATIONAL ORGANIZATIONS OR OTHER STATES WITH EXPERTISE IN25
	190	+	MEASURING AND IMPROVING STUDENTS ' EXPERIENCE AT SCHOOL. BY26
	191	+	D
	192	+	ECEMBER 31, 2023, THE DEPARTMENT OF EDUCATION MAY MAKE27
	193	+	1376
	194	+	-5- RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION AND THE1
	195	+	GENERAL ASSEMBLY FOR ADDITIONAL INDICATORS TO CONSIDER FOR2
	196	+	INCLUSION IN THE DISTRICT PROFILE REPORT, INCLUDING, BUT NOT LIMITED3
	197	+	TO, MEASURES OF STUDENT ENGAGEMENT , STUDENTS' EMOTIONAL AND4
	198	+	PHYSICAL SAFETY AND SENSE OF BELONGING , AND TEACHERS '5
	199	+	PERSPECTIVES OF LEARNING CONDITIONS. RECOMMENDATIONS MAY ALSO6
	200	+	LEVERAGE INFORMATION LEARNED FROM PILOT AND GRANT PROGRAMS7
	201	+	RELATED TO IMPROVING STUDENTS ' EXPERIENCES IN SCHOOL.8
	202	+	(3) B
	203	+	EGINNING IN THE 2023-24 SCHOOL YEAR, THE DEPARTMENT9
	204	+	OF EDUCATION SHALL ANNUALLY COLLECT INFORMATION CONCERNING10
	205	+	SCHOOL CLIMATE SURVEYS ADMINISTERED TO STUDENTS OR FAMILIES , OR11
	206	+	SCHOOL CLIMATE TOOLS UTILIZED BY SCHOOLS AND SCHOOL DISTRICTS ,12
	207	+	INCLUDING WHICH SURVEY OR TOOL IS USED , IF ANY, AND HOW THE13
	208	+	RESULTS OF SUCH SURVEYS ARE MADE PUBLICLY ACCESSIBLE , IF AT ALL.14
	209	+	T
	210	+	HE DEPARTMENT OF EDUCATION SHALL INCLUDE THIS INFORMATION IN15
	211	+	THE DISTRICT PROFILE REPORTS.16
	212	+	SECTION 2. In Colorado Revised Statutes, 22-2-112, amend17
	213	+	(1)(u)(I) as follows:18
	214	+	22-2-112. Commissioner - duties - report - legislative19
	215	+	declaration - repeal. (1) Subject to the supervision of the state board,20
	216	+	the commissioner has the following duties:21
	217	+	(u) (I) To prepare an annual report on the number of pupils22
	218	+	enrolled in public schools in the state based on the pupil enrollments23
	219	+	reported to the state board pursuant to section 22-54-112 (2)(a) for the24
	220	+	applicable school year, and the number of
	221	+	SCHOOL COUNSELORS, SCHOOL25
	222	+	SOCIAL WORKERS, SCHOOL NURSES, AND school psychologists in the state,26
	223	+	who are
	224	+	licensed by the department pursuant to part 2 of article 60.5 of27
	225	+	1376
	226	+	-6- this title 22, and employed by a school district, board of cooperative1
	227	+	services, or charter school, OR ENTITY THAT CONTRACTS WITH ANY OF THE2
	228	+	ABOVE who are reported as full-time equivalent OR PART-TIME employees.3
	229	+	The report must state the number of pupils and licensed and employed4
	230	+	school psychologists,
	231	+	SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS,5
	232	+	AND SCHOOL NURSES in total for the state and disaggregated by school6
	233	+	district, board of cooperative services, and the state charter school7
	234	+	institute.8
	235	+	SECTION 3. In Colorado Revised Statutes, 22-2-503, amend (1)9
	236	+	introductory portion, (1)(b), (1)(c), (2)(e), and (2)(f); and add (1)(d) and10
	237	+	(2)(g) as follows:11
	238	+	22-2-503. Teaching and learning conditions survey. (1) Subject12
	239	+	to available appropriations, the department shall administer a biennial13
	240	+	teaching and learning conditions survey, referred to in this section as the14
	241	+	"survey", to all preschool teachers, elementary teachers, secondary15
	242	+	teachers, and education support professionals in public schools of the16
	243	+	state. The survey shall
	244	+	MUST be designed to assess, at a minimum:17
	245	+	(b) The correlation, if any, between teaching and learning18
	246	+	conditions and teacher retention; and19
	247	+	(c) The relationship, if any, between teaching and learning20
	248	+	conditions and school administration;
	249	+	AND21
	250	+	(d) T
	251	+	HE RELATIONSHIP, IF ANY, BETWEEN TEACHING AND22
	252	+	LEARNING CONDITIONS AND MEASURES OF SCHOOL CLIMATE , AS23
	253	+	EXPERIENCED BY STUDENTS AND TEACHERS .24
	254	+	(2) The survey results may be used by schools, school districts, the25
	255	+	department, state policymakers, and researchers as a resource for:26
	256	+	(e) State education reform initiatives concerning achievement27
	257	+	1376
	258	+	-7- gaps, teacher gaps, dropout rates, and graduation rates; and1
	259	+	(f) Other analyses to inform school improvement efforts;
	260	+	AND2
	261	+	(g) I
	262	+	MPROVING WAYS TO MEASURE AND IMPROVE SC HOOL CLIMATE3
	263	+	AND TEACHING AND LEARNING ENVIRONMENTS .4
	264	+	SECTION 4. In Colorado Revised Statutes, 22-30.5-528, amend5
	265	+	(2), (3)(a), and (3)(b) introductory portion; and add (3)(d), (3)(e), and (5)6
	266	+	as follows:7
	267	+	22-30.5-528. Institute charter schools - use of restraints on8
	268	+	students - certain restraints prohibited - reports and review process9
	269	+	- complaints and investigations - rules - definitions. (2) Pursuant to
	270	+	10
	271	+	section 26-20-111, the use of a chemical, mechanical, or prone restraint11
	272	+	upon a student in an institute charter school is prohibited THE12
	273	+	"P
	274	+	ROTECTION OF INDIVIDUALS FROM RESTRAINT AND SECLUSION ACT",13
	275	+	SECTIONS 26-20-101 TO 26-20-111, SETS FORTH THE KEY DEFINITIONS AND14
	276	+	PROHIBITIONS ON THE USE OF RESTRAINTS , INCLUDING THE USE OF15
	277	+	RESTRAINTS ON STUDENTS, DESCRIBED IN SECTION 26-20-111.16
	278	+	(3) (a) On and after August 9, 2017, each school district
	279	+	17
	280	+	INSTITUTE CHARTER SCHOOL shall require any school employee or18
	281	+	volunteer who uses any type of restraint on a student of the
	282	+	INSTITUTE19
	283	+	CHARTER school district
	284	+	to submit a written report of the incident to the20
	285	+	INSTITUTE CHARTER SCHOOL'S administration of the school not later than21
	286	+	one school day after the incident occurred.22
	287	+	(b) On and after August 9, 2017, each
	288	+	INSTITUTE CHARTER school23
	289	+	district
	290	+	shall establish a review process, conduct the review process at24
	291	+	least annually, and document the results of each review process in25
	292	+	writing. Each annual review process must include a review of each26
	293	+	incident in which restraint was used on a student during the preceding27
	294	+	1376
	295	+	-8- year. The purpose of each annual review process is to ensure that the1
	296	+	INSTITUTE CHARTER school district is properly administering restraint,2
	297	+	identifying additional training needs, minimizing and preventing the use3
	298	+	of restraint by increasing the use of positive behavior interventions, and4
	299	+	reducing the incidence of injury to students and staff. Each annual review5
	300	+	process must include but is not limited to:6
	301	+	(d) T
	302	+	HE DEPARTMENT OF EDUCATION HAS ENFORCEMENT7
	303	+	AUTHORITY OVER THE RESTRAINT INVESTIGATION DECISIONS. THIS8
	304	+	ENFORCEMENT AUTHORITY MUST FOLLOW THE SAME PROCEDURES9
	305	+	OUTLINED FOR STATE COMPLAINTS UNDER THE FEDERAL "INDIVIDUALS10
	306	+	WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS11
	307	+	AMENDED, AND THE DEPARTMENT 'S STATE-LEVEL COMPLAINT12
	308	+	PROCEDURES.13
	309	+	(e) N
	310	+	O LATER THAN JUNE 30, 2023, AND EVERY JUNE 3014
	311	+	THEREAFTER, EACH INSTITUTE CHARTER SCHOOL SHALL SUBMIT THE DATA15
	312	+	FROM THE ANNUAL REVIEW CONDUCTED PURSUANT TO SUBSECTION (3)(b)16
	313	+	OF THIS SECTION TO THE DEPARTMENT OF EDUCATION PURSUANT TO17
	314	+	SECTION 22-1-134.18
	315	+	(5) T
	316	+	HE DEPARTMENT OF EDUCATION SHALL CREATE AND19
	317	+	IMPLEMENT RIGOROUS STANDARDS FOR TRAINING SCHOOL STAFF AND20
	318	+	ADMINISTRATORS ON THE "PROTECTION OF INDIVIDUALS FROM RESTRAINT21
	319	+	AND SECLUSION ACT", SECTIONS 26-20-101 TO 26-20-111.22
	320	+	SECTION 5. In Colorado Revised Statutes, 22-32-109.1, amend23
	321	+	(2) introductory portion, (2)(b) introductory portion, (2)(b)(IV)(E), and24
	322	+	(2)(b)(IV)(K); and add
	323	+	(1)(g.3) and (2)(b.5) as follows:25
	324	+	22-32-109.1. Board of education - specific powers and duties26
	325	+	- safe school plan - conduct and discipline code - safe school reporting27
	326	+	1376
	327	+	-9- requirements - school response framework - school resource officers1
	328	+	- definitions. (1) Definitions. As used in this section, unless the context2
	329	+	otherwise requires:3
	330	+	(g.3) "S
	331	+	CHOOL" MEANS A PUBLIC SCHOOL OF A SCHOOL DISTRICT,4
	332	+	A CHARTER SCHOOL, OR AN INSTITUTE CHARTER SCHOOL.5
	333	+	(2) Safe school plan. In order
	334	+	To provide a learning environment6
	335	+	that is safe, conducive to the learning process, and free from unnecessary7
	336	+	disruption, each school district board of education or institute charter8
	337	+	school board for a charter school authorized by the charter school institute9
	338	+	shall, following consultation with the school district accountability10
	339	+	committee and school accountability committees, parents, teachers,11
	340	+	administrators, students, student councils where available, and, where12
	341	+	appropriate, the community at large, adopt and implement a safe school13
	342	+	plan, or review and revise, as necessary in response to any relevant data14
	343	+	collected by the school district, any existing plans or policies already in15
	344	+	effect. In addition to the aforementioned parties, each school district16
	345	+	board of education, in adopting and implementing its safe school plan,17
	346	+	may consult with victims' advocacy organizations, school psychologists,18
	347	+	local law enforcement, and community partners. The plan, at a minimum,19
	348	+	must include the following:20
	349	+	(b) Safe school reporting requirements. A policy whereby the21
	350	+	principal of each public school in a school district is required to submit22
	351	+	annually in a manner and by a date specified by rule of the state board,23
	352	+	AND IN ACCORDANCE WITH STANDARDIZED METHODS
	353	+	AND ANY REVISED24
	354	+	REPORTING CATEGORIES IDENTIFIED AND ADOPTED THROUGH THE25
	355	+	STAKEHOLDER PROCESS SET FORTH IN SECTION 22-1-134, a written report26
	356	+	to the board of education of the school district concerning the learning27
	357	+	1376
	358	+	-10- environment in the school during that school year. The board of education1
	359	+	of the school district shall annually compile the reports from every school2
	360	+	in the district and submit the compiled report to the department of3
	361	+	education in a format specified by rule of the state board. The compiled4
	362	+	report must be easily accessible by the general public through a link on5
	363	+	the department of education's website home page. The report must6
	364	+	include, but need not be limited to, the following specific information for7
	365	+	the preceding school year,
	366	+	INCLUDING ANY DISCIPLINARY INCIDENT8
	367	+	SPECIFIED IN SUBSECTION (2)(b)(IV)(E) OR (2)(b)(IV)(K) OF THIS SECTION9
	368	+	THAT REQUIRES ADDITIONAL REPORTING
	369	+	ON THE INCIDENT:10
	370	+	(IV) The number of conduct and discipline code violations. Each11
	371	+	violation must be reported only in the most serious category that is12
	372	+	applicable to that violation, including but not limited to specific13
	373	+	information identifying the number of, and the action taken with respect14
	374	+	to, each of the following types of violations:15
	375	+	(E) Being willfully disobedient or openly and persistently defiant16
	376	+	or repeatedly interfering with the school's ability to provide educational17
	377	+	opportunities to, and a safe environment for, other students. I
	378	+	N ADDITION18
	379	+	TO PROVIDING INFORMATION ON SUCH DISCIPLINARY INCIDENTS IN THE19
	380	+	COMPILED REPORT REQUIRED BY THIS SUBSECTION (2)(b), THE REPORT20
	381	+	FILING MUST INCLUDE
	382	+	ANY ADDITIONAL INFORMATION DEEMED21
	383	+	NECESSARY BY THE DEPARTMENT OF EDUCATION PURSUANT TO THE22
	384	+	PROCESS REQUIRED PURSUANT TO SECTION 22-1-134. INFORMATION23
	385	+	INCLUDED IN REPORTING FOR INCIDENTS CURRENTLY CATEGORIZED AS24
	386	+	DISOBEDIENCE OR DEFIANCE MAY INCLUDE, BUT IS NOT LIMITED TO25
	387	+	SCHOOL AND DISTRICT CODE; LOCATION OF INCIDENTS; DESCRIPTION OF26
	388	+	THE BEHAVIORS THAT CONSTITUTED THE VIOLATIONS ; INTERVENTIONS OR27
	389	+	1376
	390	+	-11- DE-ESCALATION STRATEGIES ATTEMPTED LEADING UP TO THE INCIDENT ;1
	391	+	AND DESCRIPTIVE INFORMATION OF THE STUDENT OR STUDENTS INVOLVED2
	392	+	IN THE INCIDENTS, INCLUDING, BUT NOT LIMITED TO, GENDER, GRADE3
	393	+	LEVEL, ETHNICITY, RACE, AND WHETHER THE STUDENT HAS FEDERAL4
	394	+	SECTION 504 ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PLAN .5
	395	+	INFORMATION ON THE REPORT MUST BE SUBMITTED IN ACCORDANCE WITH6
	396	+	THE DEPARTMENT OF EDUCATION'S DATA PRIVACY AND REPORTING7
	397	+	REQUIREMENTS.8
	398	+	(K) Other violations of the code of conduct and discipline that9
	399	+	resulted in documentation of the conduct in a student's record. I
	400	+	N10
	401	+	ADDITION TO PROVIDING INFORMATION ON SUCH DISCIPLINARY INCIDENTS11
	402	+	IN THE COMPILED REPORT REQUIRED BY THIS SUBSECTION (2)(b), THE12
	403	+	REPORT FILING MUST INCLUDE
	404	+	ANY ADDITIONAL INFORMATION DEEMED13
	405	+	NECESSARY BY THE DEPARTMENT OF EDUCATION PURSUANT TO THE14
	406	+	PROCESS REQUIRED PURSUANT TO SECTION 22-1-134. INFORMATION15
	407	+	INCLUDED IN REPORTING FOR INCIDENTS CURRENTLY CATEGORIZED AS16
	408	+	DISOBEDIENCE OR DEFIANCE MAY INCLUDE, BUT IS NOT LIMITED TO17
	409	+	SCHOOL AND DISTRICT CODE; LOCATION OF THE INCIDENTS; DESCRIPTION18
	410	+	OF THE BEHAVIORS THAT CONSTITUTED THE VIOLATIONS ; INTERVENTIONS19
	411	+	OR DE-ESCALATION STRATEGIES ATTEMPTED LEADING UP TO THE20
	412	+	INCIDENTS; AND DESCRIPTIVE INFORMATION OF THE STUDENT OR21
	413	+	STUDENTS INVOLVED IN THE INCIDENTS, INCLUDING, BUT NOT LIMITED TO,22
	414	+	GENDER, GRADE LEVEL, ETHNICITY, RACE, AND WHETHER THE STUDENT23
	415	+	HAS FEDERAL SECTION 504 ACCOMMODATIONS OR AN INDIVIDUALIZED24
	416	+	EDUCATION PLAN. INFORMATION ON THE REPORT MUST BE SUBMITTED IN25
	417	+	ACCORDANCE WITH THE DEPARTMENT OF EDUCATION 'S DATA PRIVACY26
	418	+	AND REPORTING REQUIREMENTS .27
	419	+	1376
	420	+	-12- (b.5) IN ADDITION TO THE ITEMS SPECIFIED IN SUBSECTION (2)(b)1
	421	+	OF THIS SECTION, EACH SCHOOL DISTRICT BOARD OF EDUCATION OR2
	422	+	INSTITUTE CHARTER SCHOOL BOARD FOR A CHARTER SC HOOL AUTHORIZED3
	423	+	BY THE CHARTER SCHOOL INSTITUTE SHALL ANNUALLY REVIEW AND4
	424	+	SUBMIT DATA TO THE DEPARTMENT OF EDUCATION CONCERNING THE5
	425	+	NUMBER AND TYPES OF DISCIPLINARY INCIDENTS AND THE DISCIPLINARY6
	426	+	ACTIONS TAKEN IN RESPONSE TO SUCH INCIDENTS . THE DEPARTMENT OF7
	427	+	EDUCATION SHALL COLLECT THE DATA DESCRIBED IN SUBSECTION8
	428	+	(2)(b)(IV)
	429	+	OF THIS SECTION AT THE INDIVIDUAL STUDENT LEVEL AND9
	430	+	REPORT DISAGGREGATED STUDENT DATA ON THE TYPE OF DISCIPLINARY10
	431	+	INCIDENTS AND ACTION TAKEN . SUCH STUDENT DATA MUST BE11
	432	+	DISAGGREGATED BY GENDER , GRADE LEVEL , RACE, ETHNICITY,12
	433	+	DISABILITY, WHETHER THE STUDENT HAS FEDERAL SECTION 50413
	434	+	ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PLAN , ENGLISH14
	435	+	LANGUAGE LEARNER STATUS , FREE AND REDUCED-PRICE LUNCH STATUS,15
	436	+	AND HOMELESS STATUS , TO THE MAXIMUM EXTENT POSSIBLE IN16
	437	+	COMPLIANCE WITH THE "COLORADO PRIVACY ACT", ESTABLISHED
	438	+	17
	439	+	PURSUANT TO PART 13 OF ARTICLE 1 OF TITLE 6, THE FEDERAL "FAMILY18
78	440		E
79		-	NGLISH LANGUAGE LEARNER STATUS , FREE AND REDUCED-PRICE LUNCH
80		-	STATUS
81		-	, AND HOMELESS STATUS TO THE MAXIMUM EXTENT POSSIBLE IN
82		-	COMPLIANCE WITH THE
83		-	"COLORADO PRIVACY ACT", ESTABLISHED
84		-	PURSUANT TO PART
85		-	13 OF ARTICLE 1 OF TITLE 6, THE FEDERAL "FAMILY
86		-	EDUCATIONAL RIGHTS AND PRIVACY RIGHTS ACT OF 1974", 20 U.S.C. SEC.
	441	+	DUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC.19
87	442		1232g,
88		-	AND THE "STUDENT DATA TRANSPARENCY AND SECURITY ACT"
89		-	CREATED PURSUANT TO ARTICLE 16 OF THIS TITLE 22. TO PREPARE THE
90		-	PROFILE REPORTS
91		-	, THE DEPARTMENT OF EDUCATION SHALL COLLECT THE
92		-	INDIVIDUAL STUDENT DATA DESCRIBED IN SUBSECTION
93		-	(1)(b) OF THIS
94		-	SECTION
95		-	. THE DEPARTMENT OF EDUCATION SHALL MAINTAIN STRICT
96		-	STANDARDS FOR STUDENT DATA PRIVACY
97		-	, COMPLY WITH STANDARDS FOR
98		-	PAGE 2-HOUSE BILL 22-1376 REPORTING DATA FOR A STUDENT WITH AN ACCOMMODATION PURSUANT TO
99		-	SECTION
100		-	504 OF THE FEDERAL "REHABILITATION ACT OF 1973", 29 U.S.C.
101		-	SEC. 701 ET SEQ., AS AMENDED, AND ITS IMPLEMENTING REGULATIONS , OR
102		-	A STUDENT WITH AN INDIVIDUALIZED EDUCATION PLAN
103		-	, AND SHALL NOT
104		-	PUBLICLY REPORT INDIVIDUAL STUDENT DATA FOR ANY PURPOSE
105		-	, INCLUDING
106		-	AS PART OF THE DISTRICT PROFILE REPORTS
107		-	.
108		-	(b) T
109		-	HE PROFILE REPORTS MUST INCLUDE, BUT ARE NOT LIMITED TO:
110		-	(I) C
111		-	HRONIC ABSENTEEISM RATES;
112		-	(II) T
113		-	HE NUMBER OF IN-SCHOOL AND OUT-OF-SCHOOL SUSPENSIONS;
114		-	(III) T
115		-	HE NUMBER OF EXPULSIONS;
116		-	(IV) T
117		-	HE NUMBER OF STUDENTS HANDCUFFED ;
118		-	(V) T
119		-	HE NUMBER OF REFERRALS TO LAW ENFORCEMENT . AS USED IN
120		-	THIS SECTION
121		-	, "REFERRALS TO LAW ENFORCEMENT " MEANS WHEN A SCHOOL
122		-	EMPLOYEE PROACTIVELY CALLS
123		-	, SUMMONS, OR REQUESTS A LAW
124		-	ENFORCEMENT OFFICIAL
125		-	, INCLUDING A SCHOOL RESOURCE OFFICER , TO:
126		-	(A) R
127		-	ESPOND TO AN INCIDENT ON SCHOOL GROUNDS INVOLVING A
128		-	POSSIBLE VIOLATION OF LOCAL
129		-	, STATE, OR FEDERAL LAW;
130		-	(B) E
131		-	NGAGE WITH A STUDENT OR THIRD PARTY ON SCHOOL GROUNDS
132		-	WHO IS CREATING A POTENTIALLY DANGEROUS SITUATION
133		-	; OR
134		-	(C) ENFORCE A LOCAL, STATE, OR FEDERAL RULE, REGULATION, OR
135		-	LAW ON SCHOOL GROUNDS
136		-	, IN A SCHOOL VEHICLE, OR AT A SCHOOL ACTIVITY
137		-	OR SCHOOL
138		-	-SANCTIONED EVENT;
139		-	(VI) T
140		-	HE NUMBER OF SCHOOL-RELATED ARRESTS, INCLUDING AN
141		-	ARREST THAT OCCURS ON SCHOOL GROUNDS
142		-	, IN A SCHOOL VEHICLE, OR AT
143		-	A SCHOOL ACTIVITY OR SCHOOL
144		-	-SANCTIONED EVENT;
145		-	(VII) T
146		-	HE NUMBER OF STUDENTS PHYSICALLY RESTRAINED ; AND
147		-	(VIII) THE NUMBER OF STUDENTS PLACED IN SECLUSION .
148		-	PAGE 3-HOUSE BILL 22-1376 (2) (a) THE DISTRICT PROFILES MUST INCLUDE DATA COLLECTED
149		-	PURSUANT TO SECTION
150		-	22-2-112 (1)(u)(I) AND ANY OTHER EXISTING
151		-	DISTRICT
152		-	-LEVEL MEASURES THAT THE DEPARTMENT OF EDUCATION
153		-	DETERMINES RELEVANT AND RELATED TO SCHOOL CLIMATE
154		-	. IN DEVELOPING
155		-	THE PROFILES
156		-	, THE DEPARTMENT OF EDUCATION SHALL CONSULT WITH
157		-	STAKEHOLDERS
158		-	, INCLUDING MEMBERS OF THE STATE ADVISORY COUNCIL FOR
159		-	PARENT INVOLVEMENT IN EDUCATION
160		-	, CREATED IN SECTION 22-7-303;
161		-	MEMBERS OF THE COLORADO SPECIAL EDUCATION ADVISORY COMMITTEE
162		-	APPOINTED PURSUANT TO SECTION
163		-	22-20-104 (2)(a); AND STAKEHOLDERS
164		-	WHO REPRESENT THE DISABILITY COMMUNITY
165		-	; K-12 ADVOCATES AND
166		-	STUDENTS
167		-	; AND REPRESENTATIVES OF ASSOCIATIONS REPRESENTING SC HOOL
168		-	EXECUTIVES
169		-	, SCHOOL BOARDS, SPECIAL EDUCATION DIRECTORS, CHARTER
170		-	SCHOOLS
171		-	, AND TEACHERS.
172		-	(b) T
173		-	HE DEPARTMENT OF EDUCATION MAY CONSULT WITH STATE AND
174		-	NATIONAL ORGANIZATIONS OR OTHER STATES WITH EXPERTISE IN
175		-	MEASURING AND IMPROVING STUDENTS
176		-	' EXPERIENCES AT SCHOOL . BY
177		-	DECEMBER 31, 2023, THE DEPARTMENT OF EDUCATION MAY MAKE
178		-	RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION AND THE GENERAL
179		-	ASSEMBLY FOR ADDITIONAL INDICATORS TO CONSIDER FOR INCLUSION IN THE
180		-	DISTRICT PROFILE REPORT
181		-	, INCLUDING, BUT NOT LIMITED TO, MEASURES OF
182		-	STUDENT ENGAGEMENT
183		-	, STUDENTS' EMOTIONAL AND PHYSICAL SAFETY AND
184		-	SENSE OF BELONGING
185		-	, AND TEACHERS' PERSPECTIVES OF LEARNING
186		-	CONDITIONS
187		-	. RECOMMENDATIONS MAY ALSO LEVERAGE INFORMATION
188		-	LEARNED FROM PILOT AND GRANT PROGRAMS RELATED TO IMPROVING
189		-	STUDENTS
190		-	' EXPERIENCES IN SCHOOL.
191		-	(3) B
192		-	EGINNING IN THE 2023-24 SCHOOL YEAR, THE DEPARTMENT OF
193		-	EDUCATION SHALL ANNUALLY COLLECT INFORMATION CONCERNING SC HOOL
194		-	CLIMATE SURVEYS ADMINISTERED TO STUDENTS OR FAMILIES
195		-	, OR SCHOOL
196		-	CLIMATE TOOLS UTILIZED BY SCHOOLS AND SCHOOL DISTRICTS
197		-	, INCLUDING
198		-	WHICH SURVEY OR TOOL IS USED
199		-	, IF ANY, AND HOW THE RESULTS OF SUCH
200		-	SURVEYS ARE MADE PUBLICLY ACCESSIBLE
201		-	, IF AT ALL. THE DEPARTMENT OF
202		-	EDUCATION SHALL INCLUDE THIS INFORMATION IN THE DISTRICT PROFILE
203		-	REPORTS
204		-	.
205		-	SECTION 2. In Colorado Revised Statutes, 22-2-112, amend
206		-	(1)(u)(I) as follows:
207		-	22-2-112. Commissioner - duties - report - legislative declaration
208		-	PAGE 4-HOUSE BILL 22-1376 - repeal. (1) Subject to the supervision of the state board, the commissioner
209		-	has the following duties:
210		-	(u) (I) To prepare an annual report on the number of pupils enrolled
211		-	in public schools in the state based on the pupil enrollments reported to the
212		-	state board pursuant to section 22-54-112 (2)(a) for the applicable school
213		-	year, and the number of
214		-	SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS,
215		-	SCHOOL NURSES, AND school psychologists in the state, who are
216		-	licensed by
217		-	the department pursuant to part 2 of article 60.5 of this title 22, and
218		-	employed by a school district, board of cooperative services, or
219		-	charter
220		-	school,
221		-	OR ENTITY THAT CONTRACTS WITH ANY OF THE ABOVE who are
222		-	reported as full-time equivalent
223		-	OR PART-TIME employees. The report must
224		-	state the number of pupils and licensed and employed school psychologists,
225		-	SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS, AND SCHOOL NURSES in
226		-	total for the state and disaggregated by school district, board of cooperative
227		-	services, and the state charter school institute.
228		-	SECTION 3. In Colorado Revised Statutes, 22-2-503, amend (1)
229		-	introductory portion, (1)(b), (1)(c), (2)(e), and (2)(f); and add (1)(d) and
230		-	(2)(g) as follows:
231		-	22-2-503. Teaching and learning conditions survey. (1) Subject
232		-	to available appropriations, the department shall administer a biennial
233		-	teaching and learning conditions survey, referred to in this section as the
234		-	"survey", to all preschool teachers, elementary teachers, secondary teachers,
235		-	and education support professionals in public schools of the state. The
236		-	survey shall
237		-	MUST be designed to assess, at a minimum:
238		-	(b) The correlation, if any, between teaching and learning conditions
239		-	and teacher retention; and
240		-	(c) The relationship, if any, between teaching and learning
241		-	conditions and school administration;
242		-	AND
243		-	(d) THE RELATIONSHIP, IF ANY, BETWEEN TEACHING AND LEARNING
244		-	CONDITIONS AND MEASURES OF SCHOOL CLIMATE
245		-	, AS EXPERIENCED BY
246		-	STUDENTS AND TEACHERS
247		-	.
248		-	(2) The survey results may be used by schools, school districts, the
249		-	department, state policymakers, and researchers as a resource for:
250		-	PAGE 5-HOUSE BILL 22-1376 (e) State education reform initiatives concerning achievement gaps,
251		-	teacher gaps, dropout rates, and graduation rates; and
252		-	(f) Other analyses to inform school improvement efforts; AND
253		-	(g) IMPROVING WAYS TO MEASURE AND IMPROVE SCHOOL CLIMATE
254		-	AND TEACHING AND LEARNING ENVIRONMENTS
255		-	.
256		-	SECTION 4. In Colorado Revised Statutes, 22-30.5-528, amend
257		-	(2), (3)(a), and (3)(b) introductory portion; and add (3)(d), (3)(e), and (5)
258		-	as follows:
259		-	22-30.5-528. Institute charter schools - use of restraints on
260		-	students - certain restraints prohibited - reports and review process -
261		-	complaints and investigations - rules - definitions. (2) Pursuant to
262		-	section 26-20-111, the use of a chemical, mechanical, or prone restraint
263		-	upon a student in an institute charter school is prohibited THE "PROTECTION
264		-	OF
265		-	INDIVIDUALS FROM RESTRAINT AND SECLUSION ACT", SECTIONS
266		-	26-20-101 TO 26-20-111, SETS FORTH THE KEY DEFINITIONS AND
267		-	PROHIBITIONS ON THE USE OF RESTRAINTS
268		-	, INCLUDING THE USE OF
269		-	RESTRAINTS ON STUDENTS
270		-	, DESCRIBED IN SECTION 26-20-111.
271		-	(3) (a) On and after August 9, 2017, each school district
272		-	INSTITUTE
273		-	CHARTER SCHOOL
274		-	shall require any school employee or volunteer who uses
275		-	any type of restraint on a student of the
276		-	INSTITUTE CHARTER school district
277		-	to submit a written report of the incident to the INSTITUTE CHARTER
278		-	SCHOOL
279		-	'S administration of the school
280		-	not later than one school day after the
281		-	incident occurred.
282		-	(b) On and after August 9, 2017, each
283		-	INSTITUTE CHARTER school
284		-	district
285		-	shall establish a review process, conduct the review process at least
286		-	annually, and document the results of each review process in writing. Each
287		-	annual review process must include a review of each incident in which
288		-	restraint was used on a student during the preceding year. The purpose of
289		-	each annual review process is to ensure that the
290		-	INSTITUTE CHARTER school
291		-	district
292		-	is properly administering restraint, identifying additional training
293		-	needs, minimizing and preventing the use of restraint by increasing the use
294		-	of positive behavior interventions, and reducing the incidence of injury to
295		-	students and staff. Each annual review process must include but is not
296		-	limited to:
297		-	PAGE 6-HOUSE BILL 22-1376 (d) THE DEPARTMENT OF EDUCATION HAS ENFORCEMENT AUTHORITY
298		-	OVER THE RESTRAINT INVESTIGATION DECISIONS
299		-	. THIS ENFORCEMENT
300		-	AUTHORITY MUST FOLLOW THE SAME PROCEDURES OUTLINED FOR STATE
301		-	COMPLAINTS UNDER THE FEDERAL
302		-	"INDIVIDUALS WITH DISABILITIES
303		-	EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS AMENDED, AND THE
304		-	DEPARTMENT
305		-	'S STATE-LEVEL COMPLAINT PROCEDURES .
306		-	(e) N
307		-	O LATER THAN JUNE 30, 2023, AND EVERY JUNE 30
308		-	THEREAFTER, EACH INSTITUTE CHARTER SCHOOL SHALL SUBMIT THE DATA
309		-	FROM THE ANNUAL REVIEW C ONDUCTED PURSUANT TO SUBSECTION
310		-	(3)(b)
311		-	OF THIS SECTION TO THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION
312		-	22-1-138.
313		-	(5) T
314		-	HE DEPARTMENT OF EDUCATION SHALL CREATE AND IMPLEMENT
315		-	RIGOROUS STANDARDS FOR TRAINING SCHOOL STAFF AND ADMINISTRATORS
316		-	ON THE
317		-	"PROTECTION OF INDIVIDUALS FROM RESTRAINT AND SECLUSION
318		-	ACT", SECTIONS 26-20-101 TO 26-20-111.
319		-	SECTION 5. In Colorado Revised Statutes, 22-32-109.1, amend
320		-	(2) introductory portion, (2)(b) introductory portion, (2)(b)(IV)(E), and
321		-	(2)(b)(IV)(K); and add (1)(g.3) and (2)(b.5) as follows:
322		-	22-32-109.1. Board of education - specific powers and duties -
323		-	safe school plan - conduct and discipline code - safe school reporting
324		-	requirements - school response framework - school resource officers -
325		-	definitions. (1) Definitions. As used in this section, unless the context
326		-	otherwise requires:
327		-	(g.3) "S
328		-	CHOOL" MEANS A PUBLIC SCHOOL OF A SCHOOL DISTRICT , A
329		-	CHARTER SCHOOL
330		-	, OR AN INSTITUTE CHARTER SCHOOL.
331		-	(2) Safe school plan. In order
332		-	To provide a learning environment
333		-	that is safe, conducive to the learning process, and free from unnecessary
334		-	disruption, each school district board of education or institute charter school
335		-	board for a charter school authorized by the charter school institute shall,
336		-	following consultation with the school district accountability committee and
337		-	school accountability committees, parents, teachers, administrators,
338		-	students, student councils where available, and, where appropriate, the
339		-	community at large, adopt and implement a safe school plan, or review and
340		-	revise, as necessary in response to any relevant data collected by the school
341		-	PAGE 7-HOUSE BILL 22-1376 district, any existing plans or policies already in effect. In addition to the
342		-	aforementioned parties, each school district board of education, in adopting
343		-	and implementing its safe school plan, may consult with victims' advocacy
344		-	organizations, school psychologists, local law enforcement, and community
345		-	partners. The plan, at a minimum, must include the following:
346		-	(b) Safe school reporting requirements. A policy whereby the
347		-	principal of each public school in a school district is required to submit
348		-	annually, in a manner and by a date specified by rule of the state board,
349		-	AND
350		-	IN ACCORDANCE WITH STANDARDIZED METHODS AND ANY REVISED
351		-	REPORTING CATEGORIES IDENTIFIED AND ADOPTED THROUGH THE
352		-	STAKEHOLDER PROCESS SET FORTH IN SECTION
353		-	22-1-138, a written report to
354		-	the board of education of the school district concerning the learning
355		-	environment in the school during that school year. The board of education
356		-	of the school district shall annually compile the reports from every school
357		-	in the district and submit the compiled report to the department of education
358		-	in a format specified by rule of the state board. The compiled report must
359		-	be easily accessible by the general public through a link on the department
360		-	of education's website home page. The report must include, but need not be
361		-	limited to, the following specific information for the preceding school year,
362		-	INCLUDING ANY DISCIPLINARY INCIDENT SPECIFIED IN SUBSECTION
363		-	(2)(b)(IV)(E) OR (2)(b)(IV)(K) OF THIS SECTION THAT REQUIRES
364		-	ADDITIONAL REPORTING ON THE INCIDENT
365		-	:
366		-	(IV) The number of conduct and discipline code violations. Each
367		-	violation must be reported only in the most serious category that is
368		-	applicable to that violation, including but not limited to specific information
369		-	identifying the number of, and the action taken with respect to, each of the
370		-	following types of violations:
371		-	(E) Being willfully disobedient or openly and persistently defiant or
372		-	repeatedly interfering with the school's ability to provide educational
373		-	opportunities to, and a safe environment for, other students. I
374		-	N ADDITION TO
375		-	PROVIDING INFORMATION ON SUCH DISCIPLINARY INCIDENTS IN THE
376		-	COMPILED REPORT REQUIRED BY THIS SUBSECTION
377		-	(2)(b), THE REPORT FILING
378		-	MUST INCLUDE ANY ADDITIONAL INFORMATION DEEMED NECESSARY BY THE
379		-	DEPARTMENT OF EDUCATION PURSUANT TO THE PROCESS REQUIRED
380		-	PURSUANT TO SECTION
381		-	22-1-138. INFORMATION INCLUDED IN REPORTING
382		-	FOR INCIDENTS CURRENTLY CATEGORIZED AS DISOBEDIENCE OR DEFIANCE
383		-	MAY INCLUDE
384		-	, BUT IS NOT LIMITED TO SCHOOL AND DISTRICT CODE ;
385		-	PAGE 8-HOUSE BILL 22-1376 LOCATION OF INCIDENTS ; DESCRIPTION OF THE BEHAVIORS THAT
386		-	CONSTITUTED THE VIOLATIONS
387		-	; INTERVENTIONS OR DE -ESCALATION
388		-	STRATEGIES ATTEMPTED LEADING UP TO THE INCIDENT
389		-	; AND DESCRIPTIVE
390		-	INFORMATION OF THE STUDENT OR STUDENTS INVOLVED IN THE INCIDENTS
391		-	,
392		-	INCLUDING, BUT NOT LIMITED TO, GENDER, GRADE LEVEL, ETHNICITY, RACE,
393		-	AND WHETHER THE STUDENT HAS FEDERAL SECTION 504 ACCOMMODATIONS
394		-	OR AN INDIVIDUALIZED EDUCATION PLAN
395		-	. INFORMATION ON THE REPORT
396		-	MUST BE SUBMITTED IN ACCORDANCE WITH THE DEPARTMENT OF
397		-	EDUCATION
398		-	'S DATA PRIVACY AND REPORTING REQUIREMENTS .
399		-	(K) Other violations of the code of conduct and discipline that
400		-	resulted in documentation of the conduct in a student's record. I
401		-	N ADDITION
402		-	TO PROVIDING INFORMATION ON SUCH DISCIPLINARY INCIDENTS IN THE
403		-	COMPILED REPORT REQUIRED BY THIS SUBSECTION
404		-	(2)(b), THE REPORT FILING
405		-	MUST INCLUDE ANY ADDITIONAL INFORMATION DEEMED NECESSARY BY THE
406		-	DEPARTMENT OF EDUCATION PURSUANT TO THE PROCESS REQUIRED
407		-	PURSUANT TO SECTION
408		-	22-1-138. INFORMATION INCLUDED IN REPORTING
409		-	FOR INCIDENTS CURRENTLY CATEGORIZED AS DISOBEDIENCE OR DEFIANCE
410		-	MAY INCLUDE
411		-	, BUT IS NOT LIMITED TO, SCHOOL AND DISTRICT CODE ;
412		-	LOCATION OF THE INCIDENTS ; DESCRIPTION OF THE BEHAVIORS THAT
413		-	CONSTITUTED THE VIOLATIONS
414		-	; INTERVENTIONS OR DE -ESCALATION
415		-	STRATEGIES ATTEMPTED LEADING UP TO THE INCIDENTS
416		-	; AND DESCRIPTIVE
417		-	INFORMATION OF THE STUDENT OR STUDENTS INVOLVED IN THE INCIDENTS
418		-	,
419		-	INCLUDING, BUT NOT LIMITED TO, GENDER, GRADE LEVEL, ETHNICITY, RACE,
420		-	AND WHETHER THE STUDENT HAS FEDERAL SECTION 504 ACCOMMODATIONS
421		-	OR AN INDIVIDUALIZED EDUCATION PLAN
422		-	. INFORMATION ON THE REPORT
423		-	MUST BE SUBMITTED IN ACCORDANCE WITH THE DEPARTMENT OF
424		-	EDUCATION
425		-	'S DATA PRIVACY AND REPORTING REQUIREMENTS .
426		-	(b.5) I
427		-	N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTION (2)(b) OF
428		-	THIS SECTION
429		-	, EACH SCHOOL DISTRICT BOARD OF EDUCATION OR INSTITUTE
430		-	CHARTER SCHOOL BOARD FOR A CHARTER SCHOOL AUTHORIZED BY THE
431		-	CHARTER SCHOOL INSTITUTE SHALL ANNUALLY REVIEW AND SUBMIT DATA
432		-	TO THE DEPARTMENT OF EDUCATION CONCERNING THE NUMBER AND TYPES
433		-	OF DISCIPLINARY INCIDENTS AND THE DISCIPLINARY ACTIONS TAKEN IN
434		-	RESPONSE TO SUCH INCIDENTS
435		-	. THE DEPARTMENT OF EDUCATION SHALL
436		-	COLLECT THE DATA DESCRIBED IN SUBSECTION
437		-	(2)(b)(IV) OF THIS SECTION
438		-	AT THE INDIVIDUAL STUDENT LEVEL AND REPORT DISAGGREGATED STUDENT
439		-	DATA ON THE TYPE OF DISCIPLINARY INCIDENTS AND ACTION TAKEN
440		-	. SUCH
441		-	STUDENT DATA MUST BE DISAGGREGATED BY GENDER
442		-	, GRADE LEVEL, RACE,
443		-	PAGE 9-HOUSE BILL 22-1376 ETHNICITY, DISABILITY, WHETHER THE STUDENT HAS FEDERAL SECTION 504
444		-	ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PLAN , ENGLISH
445		-	LANGUAGE LEARNER STATUS
446		-	, FREE AND REDUCED-PRICE LUNCH STATUS,
447		-	AND HOMELESS STATUS, TO THE MAXIMUM EXTENT POSSIBLE IN COMPLIANCE
448		-	WITH THE
449		-	"COLORADO PRIVACY ACT", ESTABLISHED PURSUANT TO PART 13
450		-	OF ARTICLE 1 OF TITLE 6, THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND
451		-	PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g, AND THE "STUDENT DATA
452		-	TRANSPARENCY AND SECURITY ACT", CREATED IN ARTICLE 16 OF THIS TITLE
453		-	22. THE DEPARTMENT OF EDUCATION SHALL NOT PUBLICLY REPORT
454		-	INDIVIDUAL STUDENT DATA FOR ANY PURPOSE
455		-	, SHALL INCLUDE THE
456		-	APPLICATION OF DATA SUPPRESSION POLICIES TO AVOID THE
457		-	RE
458		-	-IDENTIFICATION OF ANY INDIVIDUAL IN ANY PUBLIC REPORTS , AND SHALL
459		-	ENSURE COMPLIANCE WITH STANDARDS FOR REPORTING DATA FOR A
460		-	STUDENT WITH A FEDERAL SECTION
461		-	504 ACCOMMODATION OR AN
462		-	INDIVIDUALIZED EDUCATION PLAN
463		-	.
464		-	SECTION 6. In Colorado Revised Statutes, 22-32-147, amend
465		-	(3)(c) introductory portion; and add (1)(b.7), (3)(b.5), (3)(d), (5), and (6) as
466		-	follows:
467		-	22-32-147. Use of restraints on students - certain restraints
468		-	prohibited - reports and review process - rules - definitions.(1) As used
469		-	in this section, unless the context otherwise requires:
	443	+	AND THE "STUDENT DATA TRANSPARENCY AND SECURITY ACT",20
	444	+	CREATED IN ARTICLE 16 OF THIS TITLE 22. THE DEPARTMENT OF21
	445	+	EDUCATION SHALL NOT PUBLICLY REPORT INDIVIDUAL STUDENT DATA FOR22
	446	+	ANY PURPOSE, SHALL INCLUDE THE APPLICATION OF DATA SUPPRESSION23
	447	+	POLICIES TO AVOID THE RE-IDENTIFICATION OF ANY INDIVIDUAL IN ANY24
	448	+	PUBLIC REPORTS, AND SHALL ENSURE COMPLIANCE WITH STANDARDS FOR25
	449	+	REPORTING DATA FOR A STUDENT WITH A FEDERAL SECTION 50426
	450	+	ACCOMMODATION OR AN INDIVIDUALIZED EDUCATION PLAN .27
	451	+	1376
	452	+	-13- 1
	453	+	SECTION 6. In Colorado Revised Statutes, 22-32-147, amend2
	454	+	(3)(c); and add (1)(b.7), (3)(b.5), (3)(d), (5), and (6) as follows:3
	455	+	22-32-147. Use of restraints on students - certain restraints4
	456	+	prohibited - reports and review process - rules - definitions. (1) As5
	457	+	used in this section, unless the context otherwise requires:6
470	458		(b.7) "P
471		-	HYSICAL RESTRAINT" HAS THE SAME MEANING AS SET ~~FORTH~~
472		-	~~IN SECTION~~
473		-	26-20-102 (5).
	459	+	HYSICAL RESTRAINT" HAS THE SAME MEANING AS SET
	460	+	7
	461	+	FORTH IN SECTION 26-20-102 (5).8
474	462		(3) (b.5) I
475	463		F A PHYSICAL RESTRAINT IS MORE THAN ONE MINUTE BUT
476		-	LESS THAN FIVE MINUTES
477		-	, THE NOTIFICATION REQUIREMENT IS A WRITTEN
478		-	NOTICE TO THE PARENT ON THE DAY OF THE RESTRAINT
479		-	. THE WRITTEN
480		-	NOTICE MUST INCLUDE THE DATE
481		-	, THE NAME OF THE STUDENT , AND THE
482		-	NUMBER OF RESTRAINTS THAT DAY THAT LASTED BETWEEN ONE AND FIVE
483		-	MINUTES
484		-	.
485		-	(c) Not more than five calendar days after the use of restraint on a
486		-	student IF A PHYSICAL RESTRAINT IS FIVE MINUTES OR MORE , the school
487		-	administration shall mail, fax, or e-mail a written report of the incident to
	464	+	9
	465	+	LESS THAN FIVE MINUTES, THE NOTIFICATION REQUIREMENT IS A WRITTEN10
	466	+	NOTICE TO THE PARENT ON THE DAY OF THE RESTRAINT . THE WRITTEN11
	467	+	NOTICE MUST INCLUDE THE DATE , THE NAME OF THE STUDENT, AND THE12
	468	+	NUMBER OF RESTRAINTS THAT DAY THAT LASTED BETWEEN ONE AND FIVE13
	469	+	MINUTES.14
	470	+	(c) Not more than five calendar days after the use of restraint on15
	471	+	a student IF A PHYSICAL RESTRAINT IS FIVE MINUTES OR MORE, the school16
	472	+	administration shall mail, fax, or email a written report of the incident to17
488	473		the parent or legal guardian of the student
489		-	NOT MORE THAN FIVE CALENDAR
490		-	DAYS AFTER THE USE OF THE RESTRAINT ON THE STUDENT
491		-	. The written
492		-	report must be placed in the student's confidential file and include:
493		-	PAGE 10-HOUSE BILL 22-1376 (d) NO LATER THAN JUNE 30, 2023, AND EVERY JUNE 30
494		-	THEREAFTER, EACH SCHOOL DISTRICT SHALL SUBMIT THE DATA FROM THE
495		-	ANNUAL REVIEW CONDUCTED PURS UANT TO SUBSECTION
496		-	(3)(b) OF THIS
497		-	SECTION TO THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION
498		-	22-1-138.
	474	+	NOT MORE THAN FIVE
	475	+	18
	476	+	CALENDAR DAYS AFTER THE USE OF THE RESTRAINT ON THE STUDENT . The19
	477	+	written report must be placed in the student's confidential file and include:20
	478	+	(d) N
	479	+	O LATER THAN JUNE 30, 2023, AND EVERY JUNE 30
	480	+	21
	481	+	THEREAFTER, EACH SCHOOL DISTRICT SHALL SUBMIT THE DATA FROM22
	482	+	THE ANNUAL REVIEW C ONDUCTED PURSUANT TO SUBSECTION (3)(b) OF23
	483	+	THIS SECTION TO THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION24
	484	+	22-1-134.25
499	485		(5) T
500		-	HE DEPARTMENT OF EDUCATION SHALL MAKE TRAINING
501		-	AVAILABLE ON THE
502		-	"PROTECTION OF INDIVIDUALS FROM RESTRAINT AND
503		-	SECLUSION ACT", SECTIONS 26-20-101 TO 26-20-111, AND ON THE
504		-	DEPARTMENT OF EDUCATION
505		-	'S CORRESPONDING RULES FOR ADMINISTRATION
506		-	OF SUCH ACT TO INDIVIDUALS CERTIFIED IN THE USE OF RESTRAINT
507		-	.
	486	+	HE DEPARTMENT OF EDUCATION SHALL MAKE TRAINING26
	487	+	AVAILABLE ON THE "PROTECTION OF INDIVIDUALS FROM RESTRAINT AND27
	488	+	1376
	489	+	-14- SECLUSION ACT", SECTIONS 26-20-101 TO 26-20-111, AND ON THE1
	490	+	DEPARTMENT OF EDUCATION 'S CORRESPONDING RULES FOR2
	491	+	ADMINISTRATION OF SUCH ACT TO INDIVIDUALS CERTIFIED IN THE USE OF3
	492	+	RESTRAINT.4
508	493		(6) T
509		-	HE DEPARTMENT OF EDUCATION HAS ENFORCEMENT AUTHORITY
510		-	OVER THE RESTRAINT INVESTIGATION DECISIONS
511		-	. THIS ENFORCEMENT
512		-	AUTHORITY MUST FOLLOW THE SAME PROCEDURES OUTLINED FOR STATE
513		-	COMPLAINTS UNDER THE FEDERAL
514		-	"INDIVIDUALS WITH DISABILITIES
515		-	EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS AMENDED, AND THE
516		-	DEPARTMENT
517		-	'S STATE-LEVEL COMPLAINT PROCEDURES .
518		-	SECTION 7. In Colorado Revised Statutes, 24-31-312, add (7) as
519		-	follows:
520		-	24-31-312. School resource officer training. (7) T
521		-	HE P.O.S.T.
522		-	BOARD, WITH RESPECT TO THE HIRING, TRAINING, AND EVALUATION OF
523		-	SCHOOL RESOURCE OFFICERS AND PROFESSIONALIZING A SCHOOL
524		-	-POLICE
525		-	PARTNERSHIP
526		-	, SHALL CREATE A MODEL POLICY FOR SELECTING SCHOOL
527		-	RESOURCE OFFICERS PURSUANT TO THE GENERAL DUTIES AND
528		-	RESPONSIBILITIES GRANTED TO THE
529		-	P.O.S.T. BOARD PURSUANT TO SECTION
530		-	24-31-303. THE P.O.S.T. BOARD SHALL CONSULT WITH SCHOOL BOARD
531		-	MEMBERS
532		-	, SCHOOL RESOURCE OFFICERS , K-12 ADVOCATES, AND OTHER
533		-	RELEVANT STAKEHOLDERS
534		-	, INCLUDING STUDENT GROUPS , IN THE
535		-	DEVELOPMENT OF THE MODEL POLICY
536		-	. THE DEPARTMENT OF EDUCATION
537		-	SHALL POST THE MODEL POLICY ON ITS WEBSITE AND DISTRIBUTE THE POLICY
538		-	TO SCHOOL DISTRICTS
539		-	, CHARTER SCHOOLS , AND INSTITUTE CHARTER
540		-	SCHOOLS FOR CONSIDERATION AND POSSIBLE ADOPTION
541		-	. THE MODEL POLICY
542		-	MAY BE USED BY SCHOOL DISTRICTS
543		-	, CHARTER SCHOOLS , INSTITUTE
544		-	CHARTER SCHOOLS
545		-	, AND POLICE DEPARTMENTS. THE MODEL POLICY MUST,
546		-	AT A MINIMUM, REQUIRE THAT:
547		-	(a) O
548		-	NCE SELECTED, SCHOOL RESOURCE OFFICERS MUST BE FULLY
549		-	PAGE 11-HOUSE BILL 22-1376 TRAINED IN STANDARD BEST PRACTICES , AS SET FORTH BY A NATIONAL
550		-	ASSOCIATION OF SCHOOL RESOURCE OFFICERS
551		-	;
	494	+	HE DEPARTMENT OF EDUCATION HAS ENFORCEMENT5 AUTHORITY OVER THE RESTRAINT INVESTIGATION DECISIONS. THIS6
	495	+	ENFORCEMENT AUTHORITY MUST FOLLOW THE SAME PROCEDURES7
	496	+	OUTLINED FOR STATE COMPLAINTS UNDER THE FEDERAL "INDIVIDUALS8
	497	+	WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS9
	498	+	AMENDED, AND THE DEPARTMENT 'S STATE-LEVEL COMPLAINT10
	499	+	PROCEDURES.11
	500	+	12
	501	+	SECTION 7. In Colorado Revised Statutes, 24-31-312, add (7)13
	502	+	as follows:14
	503	+	24-31-312. School resource officer training. (7) THE P.O.S.T.15
	504	+	BOARD, WITH RESPECT TO THE HIRING, TRAINING, AND EVALUATION OF16
	505	+	SCHOOL RESOURCE OFFICERS AND PROFESSIONALIZING A SCHOOL-POLICE17
	506	+	PARTNERSHIP, SHALL CREATE A MODEL POLICY FOR SELECTING SCHOOL18
	507	+	RESOURCE OFFICERS PURSUANT TO THE GENERAL DUTIES AND19
	508	+	RESPONSIBILITIES GRANTED TO THE P.O.S.T. BOARD PURSUANT TO20
	509	+	SECTION 24-31-303. THE P.O.S.T. BOARD SHALL CONSULT WITH SCHOOL21
	510	+	BOARD MEMBERS, SCHOOL RESOURCE OFFICERS, K-12 ADVOCATES, AND22
	511	+	OTHER RELEVANT STAKEHOLDERS, INCLUDING STUDENT GROUPS, IN THE23
	512	+	DEVELOPMENT OF THE MODEL POLICY. THE DEPARTMENT OF EDUCATION24
	513	+	SHALL POST THE MODEL POLICY ON ITS WEBSITE AND DISTRIBUTE THE25
	514	+	POLICY TO SCHOOL DISTRICTS, CHARTER SCHOOLS, AND INSTITUTE26
	515	+	CHARTER SCHOOLS FOR CONSIDERATION AND POSSIBLE ADOPTION . THE27
	516	+	1376
	517	+	-15- MODEL POLICY MAY BE USED BY SCHOOL DISTRICTS, CHARTER SCHOOLS,1
	518	+	INSTITUTE CHARTER SCHOOLS, AND POLICE DEPARTMENTS. THE MODEL2
	519	+	POLICY MUST, AT A MINIMUM, REQUIRE THAT:3
	520	+	(a) ONCE SELECTED, SCHOOL RESOURCE OFFICERS MUST BE FULLY4
	521	+	TRAINED IN STANDARD BEST PRACTICES, AS SET FORTH BY A NATIONAL5
	522	+	ASSOCIATION OF SCHOOL RESOURCE OFFICERS ;6
	523	+	(b) A CANDIDATE DEMONSTRATE, WHENEVER POSSIBLE, A RECORD7
	524	+	OF EXPERIENCE DEVELOPING POSITIVE RELATIONSHIPS WITH YOUTH ,8
	525	+	WHICH MAY INCLUDE PARTICIPATION IN YOUTH OR COMMUNITY POLICING9
	526	+	PROGRAMS;10
	527	+	(c) A CANDIDATE VOLUNTARILY APPLY TO SERVE AS A SCHOOL11
	528	+	RESOURCE OFFICER; AND12
	529	+	(d) THE EMPLOYING LAW ENFORCEMENT AGENCY AND SCHOOL13
	530	+	DISTRICT JOINTLY CREATE AN EVALUATION PROCESS TO EVALUATE14
	531	+	SCHOOL RESOURCE OFFICERS.15
	532	+	SECTION 8. In Colorado Revised Statutes, 26-20-102, amend16
	533	+	(5), (6) introductory portion, and (6)(c) as follows:17
	534	+	26-20-102. Definitions. As used in this article 20, unless the18
	535	+	context otherwise requires:19
	536	+	(5) "Physical restraint" means the use of bodily, physical force to20
	537	+	involuntarily limit an individual's freedom of movement
	538	+	FOR MORE THAN21
	539	+	ONE MINUTE; except that "physical restraint" does not include the holding22
	540	+	of a child by one adult for the purposes of calming or comforting the23
	541	+	child.24
	542	+	(6) "Restraint" means any method or device used to involuntarily25
	543	+	limit freedom of movement, including bodily physical force, mechanical26
	544	+	devices, or chemicals. R
	545	+	ESTRAINT MUST NOT BE USED AS A FORM OF27
	546	+	1376
	547	+	-16- DISCIPLINE OR TO GAIN COMPLIANCE FROM A STUDENT . IF PROPERTY1
	548	+	DAMAGE MIGHT BE INVOLVED , RESTRAINT MAY ONLY BE USED WHEN THE2
	549	+	DESTRUCTION OF PROPERTY COULD POSSIBLY RESULT IN BODILY HARM TO3
	550	+	THE INDIVIDUAL OR ANOTHER PERSON . "Restraint" includes chemical4
	551	+	restraint, mechanical restraint, and physical restraint. "Restraint" does not5
	552	+	include:6
	553	+	(c) The holding of an individual for less than five minutes ONE7
	554	+	MINUTE by a staff person for protection of the individual or other persons;8
	555	+	except that nothing in this subsection (6)(c) may be interpreted to permit9
	556	+	the holding of a public school student in a prone position, except as10
	557	+	described in section 26-20-111 (2), (3), or (4); or11
	558	+	SECTION 9. In Colorado Revised Statutes, 26-20-111, amend12
	559	+	(1); and add (5), (6), (7), (8), and (9) as follows:13
	560	+	26-20-111. Use of restraints in public schools - certain14
	561	+	restraints prohibited. (1) Except as provided otherwise in this section,15
	562	+	and notwithstanding any other provision of this article 20:16
	563	+	(a) The use of a chemical, mechanical, or prone restraint upon a17
	564	+	student of a school of a school district, charter school of a school district,18
	565	+	or institute charter school is prohibited when the student is on the19
	566	+	property of any agency or is participating in an off-campus,20
	567	+	school-sponsored activity or event;
	568	+	AND21
552	569		(b) A
553		-	CANDIDATE DEMONSTRATE , WHENEVER POSSIBLE, A RECORD
554		-	OF EXPERIENCE DEVELOPING POSITIVE RELATIONSHIPS WITH YOUTH
555		-	, WHICH
556		-	MAY INCLUDE PARTICIPATION IN YOUTH OR COMMUNITY POLICING
557		-	PROGRAMS
558		-	;
559		-	(c) A
560		-	CANDIDATE VOLUNTARILY APPLY TO SERVE AS A SCHOOL
561		-	RESOURCE OFFICER
562		-	; AND
563		-	(d) THE EMPLOYING LAW ENFORCEMENT AGENCY AND SCHOOL
564		-	DISTRICT JOINTLY CREATE AN EVALUATION PROCESS TO EVALUATE SCHOOL
565		-	RESOURCE OFFICERS
566		-	.
567		-	SECTION 8. In Colorado Revised Statutes, 26-20-102, amend (5),
568		-	(6) introductory portion, and (6)(c) as follows:
569		-	26-20-102. Definitions. As used in this article 20, unless the context
570		-	otherwise requires:
571		-	(5) "Physical restraint" means the use of bodily, physical force to
572		-	involuntarily limit an individual's freedom of movement
573		-	FOR MORE THAN
574		-	ONE MINUTE
575		-	; except that "physical restraint" does not include the holding
576		-	of a child by one adult for the purposes of calming or comforting the child.
577		-	(6) "Restraint" means any method or device used to involuntarily
578		-	limit freedom of movement, including bodily physical force, mechanical
579		-	devices, or chemicals. R
580		-	ESTRAINT MUST NOT BE USED AS A FORM OF
581		-	DISCIPLINE OR TO GAIN COMPLIANCE FROM A STUDENT
582		-	. IF PROPERTY
583		-	DAMAGE MIGHT BE INVOLVED
584		-	, RESTRAINT MAY ONLY BE USED WHEN THE
585		-	DESTRUCTION OF PROPERTY COULD POSSIBLY RESULT IN BODILY HARM TO
586		-	THE INDIVIDUAL OR ANOTHER PERSON
587		-	. "Restraint" includes chemical
588		-	restraint, mechanical restraint, and physical restraint. "Restraint" does not
589		-	include:
590		-	(c) The holding of an individual for less than five minutes
591		-	ONE
592		-	MINUTE
593		-	by a staff person for protection of the individual or other persons;
594		-	except that nothing in this subsection (6)(c) may be interpreted to permit the
595		-	holding of a public school student in a prone position, except as described
596		-	PAGE 12-HOUSE BILL 22-1376 in section 26-20-111 (2), (3), or (4); or
597		-	SECTION 9. In Colorado Revised Statutes, 26-20-111, amend (1);
598		-	and add (5), (6), (7), (8), and (9) as follows:
599		-	26-20-111. Use of restraints in public schools - certain restraints
600		-	prohibited. (1) Except as provided otherwise in this section, and
601		-	notwithstanding any other provision of this article 20:
602		-	(a) The use of a chemical, mechanical, or prone restraint upon a
603		-	student of a school of a school district, charter school of a school district,
604		-	or institute charter school is prohibited when the student is on the property
605		-	of any agency or is participating in an off-campus, school-sponsored
606		-	activity or event;
607		-	AND
608		-	(b) A SCHOOL RESOURCE OFFICER OR A LAW ENFORCEMENT OFFICER
609		-	ACTING IN THE OFFICER
610		-	'S OFFICIAL CAPACITY ON SCHOOL GROUNDS , IN A
611		-	SCHOOL VEHICLE
612		-	, OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT SHALL
613		-	NOT USE HANDCUFFS ON ANY STUDENT
614		-	, UNLESS THERE IS A DANGER TO
615		-	THEMSELVES OR OTHERS OR HANDCUFFS ARE USED DURING A CUSTODIAL
616		-	ARREST THAT REQUIRES TRANSPORT
617		-	.
618		-	(5) I
619		-	F A SCHOOL DISTRICT, CHARTER SCHOOL OF A SCHOOL DISTRICT,
620		-	OR INSTITUTE CHARTER SCHOOL USES A SECLUSION ROOM , THERE MUST BE
621		-	AT LEAST ONE WINDOW FOR MONITORING WHEN THE DOOR IS CLOSED
622		-	. IF A
623		-	WINDOW IS NOT FEASIBLE
624		-	, MONITORING MUST BE POSSIBLE THROUGH A
625		-	VIDEO CAMERA
626		-	. A STUDENT PLACED IN A SECLUSION ROOM MUST BE
627		-	CONTINUALLY MONITORED
628		-	. THE ROOM MUST BE A SAFE SPACE FREE OF
629		-	INJURIOUS ITEMS
630		-	. THE SECLUSION ROOM MUST NOT BE A ROOM THAT IS USED
631		-	BY SCHOOL STAFF FOR STORAGE
632		-	, CUSTODIAL, OR OFFICE SPACE.
633		-	(6) N
634		-	OTHING IN THIS SECTION PROHIBITS SCHOOL PERSONNEL FROM
635		-	TAKING ANY LAWFUL ACTIONS NECESSARY
636		-	, INCLUDING SECLUSION OR
637		-	RESTRAINT
638		-	, WHEN AND WHERE NECESSARY TO KEEP STUDENTS AND STAFF
639		-	SAFE FROM HARM DURING AN EMERGENCY
640		-	, AS DEFINED BY RULE OF THE
641		-	STATE BOARD
642		-	. SCHOOL PERSONNEL SHALL COMPLY WITH ALL
643		-	DOCUMENTATION AND REPORTING REQUIREMENTS
644		-	, EVEN IN THE CASE OF AN
645		-	EMERGENCY
646		-	.
647		-	(7) I
648		-	F A PHYSICAL RESTRAINT IS BETWEEN ONE AND FIVE MINUTES ,
649		-	PAGE 13-HOUSE BILL 22-1376 THE NOTIFICATION REQUIREMENT MUST BE A WRITTEN NOTICE TO THE
650		-	PARENT ON THE DAY OF THE RESTRAINT
651		-	. THE NOTICE MUST INCLUDE THE
652		-	DATE
653		-	, THE STUDENT'S NAME, AND THE NUMBER OF RESTRAINTS THAT DAY
654		-	THAT LASTED BETWEEN ONE AND FIVE MINUTES
655		-	.
	570	+	SCHOOL RESOURCE OFFICER OR A LAW ENFORCEMENT22
	571	+	OFFICER ACTING IN THE OFFICER 'S OFFICIAL CAPACITY ON SCHOOL23
	572	+	GROUNDS, IN A SCHOOL VEHICLE , OR AT A SCHOOL ACTIVITY OR24
	573	+	SANCTIONED EVENT SHALL NOT USE HANDCUFFS ON ANY STUDENT , UNLESS25
	574	+	THERE IS A DANGER TO THEMSELVES OR OTHERS OR HANDCUFFS ARE USED26
	575	+	DURING A CUSTODIAL ARREST THAT REQUIRES TRANSPORT .27
	576	+	1376
	577	+	-17- (5) IF A SCHOOL DISTRICT, CHARTER SCHOOL OF A SCHOOL1
	578	+	DISTRICT, OR INSTITUTE CHARTER SCHOOL USES A SECLUSION ROOM ,2
	579	+	THERE MUST BE AT LEAST ONE WINDOW FOR MONITORING WHEN THE DOOR3
	580	+	IS CLOSED. IF A WINDOW IS NOT FEASIBLE, MONITORING MUST BE POSSIBLE4
	581	+	THROUGH A VIDEO CAMERA . A STUDENT PLACED IN A SECLUSION ROOM5
	582	+	MUST BE CONTINUALLY MONITORED . THE ROOM MUST BE A SAFE SPACE6
	583	+	FREE OF INJURIOUS ITEMS. THE SECLUSION ROOM MUST NOT BE A ROOM7
	584	+	THAT IS USED BY SCHOOL STAFF FOR STORAGE , CUSTODIAL, OR OFFICE8
	585	+	SPACE.9
	586	+	(6) NOTHING IN THIS SECTION PROHIBITS SCHOOL PERSONNEL FROM10
	587	+	TAKING ANY LAWFUL ACTIONS NECESSARY , INCLUDING SECLUSION OR11
	588	+	RESTRAINT, WHEN AND WHERE NECESSARY TO KEEP STUDENTS AND STAFF12
	589	+	SAFE FROM HARM DURING AN EMERGENCY, AS DEFINED BY RULE OF THE13
	590	+	STATE BOARD. SCHOOL PERSONNEL SHALL COMPLY WITH ALL14
	591	+	DOCUMENTATION AND REPORTING REQUIREMENTS, EVEN IN THE CASE OF15
	592	+	AN EMERGENCY.16
	593	+	(7) IF A PHYSICAL RESTRAINT IS BETWEEN ONE AND FIVE MINUTES ,17
	594	+	THE NOTIFICATION REQUIREMENT MUST BE A WRITTEN NOTICE TO THE18
	595	+	PARENT ON THE DAY OF THE RESTRAINT. THE NOTICE MUST INCLUDE THE19
	596	+	DATE, THE STUDENT'S NAME, AND THE NUMBER OF RESTRAINTS THAT DAY20
	597	+	THAT LASTED BETWEEN ONE AND FIVE MINUTES .21
656	598		(8) O
657	599		N OR BEFORE JULY 1, 2023, THE STATE BOARD SHALL INITIATE
658		-	RULE MAKING FOR THE PROCESS OF DETERMINING WHETHER TO REQUIRE THE
659		-	REPORTING OF RESTRAINTS FROM ONE TO FIVE MINUTES AND WHAT DATA
660		-	, IF
661		-	ANY
662		-	, WILL BE COLLECTED. AS A PART OF THE PUBLIC INPUT PROCESS
663		-	REQUIRED PURSUANT TO SECTION
664		-	24-4-104, THE STATE BOARD AND THE
665		-	DEPARTMENT OF EDUCATION SHALL ENGAGE WITH STAKEHOLDERS
666		-	,
667		-	INCLUDING, BUT NOT LIMITED TO, A REPRESENTATIVE OF SCHOOL DISTRICT
668		-	ADMINISTRATORS
669		-	, A STATEWIDE ORGANIZATION REPRESENTING SPECIAL
670		-	EDUCATION DIRECTORS
671		-	, AND A MEMBER OF A DISABILITY RIGHTS
672		-	ORGANIZATION
673		-	.
674		-	(9) S
675		-	TATUTORY PROVISIONS CONCERNING THE USE OF RESTRAINTS
676		-	IN SCHOOL DISTRICTS
677		-	, CHARTER SCHOOLS OF A SCHOOL DISTRICT , OR
678		-	INSTITUTE CHARTER SCHOOLS
679		-	, INCLUDING REPORTING REQUIREMENTS , ARE
680		-	SET FORTH IN SECTIONS
681		-	22-30.5-528 AND 22-32-147.
682		-	SECTION 10. Appropriation. (1) For the 2022-23 state fiscal
683		-	year, $516,451 is appropriated to the department of education. This
684		-	appropriation is from the general fund. To implement this act, the
685		-	department may use this appropriation as follows:
686		-	(a) $263,900 for information technology services; and
687		-	(b) $252,551 for the office of dropout prevention and student
688		-	reengagement, which amount is based on an assumption that the department
689		-	will require an additional 2.4 FTE.
690		-	(2) For the 2022-23 state fiscal year, $30,000 is appropriated to the
691		-	department of law for use by the peace officers training board. This
692		-	appropriation is from the P.O.S.T. board cash fund created in section
693		-	24-31-303 (2)(b), C.R.S. To implement this act, the board may use this
694		-	appropriation for peace officers standards and training board support.
695		-	SECTION 11. Safety clause. The general assembly hereby finds,
696		-	PAGE 14-HOUSE BILL 22-1376 determines, and declares that this act is necessary for the immediate
697		-	preservation of the public peace, health, or safety.
698		-	____________________________ ____________________________
699		-	Alec Garnett Steve Fenberg
700		-	SPEAKER OF THE HOUSE PRESIDENT OF
701		-	OF REPRESENTATIVES THE SENATE
702		-	____________________________ ____________________________
703		-	Robin Jones Cindi L. Markwell
704		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
705		-	OF REPRESENTATIVES THE SENATE
706		-	APPROVED________________________________________
707		-	(Date and Time)
708		-	_________________________________________
709		-	Jared S. Polis
710		-	GOVERNOR OF THE STATE OF COLORADO
711		-	PAGE 15-HOUSE BILL 22-1376
	600	+	22
	601	+	RULE MAKING FOR THE PROCESS OF DETERMINING WHETHER TO REQUIRE23
	602	+	THE REPORTING OF RESTRAINTS FROM ONE TO FIVE MINUTES AND WHAT24
	603	+	DATA, IF ANY, WILL BE COLLECTED. AS A PART OF THE PUBLIC INPUT25
	604	+	PROCESS REQUIRED PURSUANT TO SECTION 24-4-104, THE STATE BOARD26
	605	+	AND THE DEPARTMENT OF EDUCATION SHALL E NGAGE WITH27
	606	+	1376
	607	+	-18- STAKEHOLDERS, INCLUDING, BUT NOT LIMITED TO, A REPRESENTATIVE OF1
	608	+	SCHOOL DISTRICT ADMINISTRATORS , A STATEWIDE ORGANIZATION2
	609	+	REPRESENTING SPECIAL EDUCATION DIRECTORS , AND A MEMBER OF A3
	610	+	DISABILITY RIGHTS ORGANIZATION.4
	611	+	(9) STATUTORY PROVISIONS CONCERNING THE USE OF RESTRAINTS5
	612	+	IN SCHOOL DISTRICTS, CHARTER SCHOOLS OF A SCHOOL DISTRICT , OR6
	613	+	INSTITUTE CHARTER SCHOOLS, INCLUDING REPORTING REQUIREMENTS, ARE7
	614	+	SET FORTH IN SECTIONS 22-30.5-528 AND 22-32-147.8
	615	+	SECTION 10. Appropriation. (1) For the 2022-23 state fiscal9
	616	+	year, $516,451 is appropriated to the department of education. This10
	617	+	appropriation is from the general fund. To implement this act, the11
	618	+	department may use this appropriation as follows:12
	619	+	(a) $263,900 for information technology services; and13
	620	+	(b) $252,551 for the office of dropout prevention and student14
	621	+	reengagement, which amount is based on an assumption that the15
	622	+	department will require an additional 2.4 FTE.16
	623	+	17
	624	+	(2) For the 2022-23 state fiscal year, $30,000 is appropriated to18
	625	+	the department of law for use by the peace officers training board. This19
	626	+	appropriation is from the P.O.S.T board cash fund created in section20
	627	+	24-31-303 (2)(b), C.R.S. To implement this act, the board may use this21
	628	+	appropriation for peace officers standards and training board support.22
	629	+	SECTION 11. Safety clause. The general assembly hereby finds,23
	630	+	determines, and declares that this act is necessary for the immediate24
	631	+	preservation of the public peace, health, or safety.25
	632	+	1376
	633	+	-19-