First Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 23-0167.02 Jacob Baus x2173 HOUSE BILL 23-1009 House Committees Senate Committees Education A BILL FOR AN ACT C ONCERNING MEASURES TO IMPROV E SERVICES FOR STUDENTS WHO101 USE SUBSTANCES. 102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/ .) Colorado Youth Advisory Council Committee. The bill creates the secondary school student substance use committee (committee) in the department of education (department) to develop a practice, or identify or modify an existing practice, for secondary schools to implement that identifies students who need substance use treatment, offers a brief intervention, and refers the student to substance use treatment resources. HOUSE SPONSORSHIP Lindsay, SENATE SPONSORSHIP Moreno, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. The department is required to publicly publish a report of the committee's findings and submit the report to the superintendent of every school district and chief administrator of every institute charter school that is a secondary school. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) Substance use is a major issue afflicting Colorado youth;4 (b) Colorado has higher levels of substance use, particularly5 among youth, than most other states;6 (c) Colorado schools' substance use intervention programs lack7 uniformity, resulting in inequitable interventions and treatment referrals8 for youth;9 (d) A screening, brief intervention, and referral to treatment10 methodology has been adopted by schools with school-based health11 centers, and this methodology has revolutionized substance use treatment12 for youth;13 (e) The screening, brief intervention, and referral to treatment14 methodology, if modified appropriately, may be implemented in15 secondary schools without school-based health centers in order to provide16 more support to youth who use substances;17 (f) Access to the crisis response system is critical for youth18 suffering from behavioral health and substance use crises; and19 (g) Adequate funding for the crisis response system is necessary20 to ensure that youth suffering from behavioral health and substance use21 crises may seek and receive timely support in order to prevent avoidable22 outcomes.23 HB23-1009-2- SECTION 2. In Colorado Revised Statutes, add 22-2-148 as1 follows:2 22-2-148. Secondary school student substance use - committee3 - definitions - repeal. (1) (a) T HERE IS CREATED IN THE DEPARTMENT THE4 SECONDARY SCHOOL STUDENT SUBSTANCE USE COMMITTEE , REFERRED TO5 IN THIS SECTION AS THE "COMMITTEE". ON OR BEFORE AUGUST 1, 2023,6 THE COMMISSIONER SHALL APPOINT THE FOLLOWING MEMBERS TO SERVE7 ON THE COMMITTEE:8 (I) T WO MEMBERS WHO ARE STUDENTS AT A PUBLIC SECONDARY9 SCHOOL, ONE WHO ATTENDS A SCHOOL THAT IS LOCATED IN A RURAL10 SCHOOL DISTRICT AND ONE WHO A TTENDS A SCHOOL THAT IS NOT11 LOCATED IN RURAL SCHOOL DISTRICT ;12 (II) T WO MEMBERS WHO ARE TEACHERS AT A PUBLIC SECONDARY13 SCHOOL, ONE WHO TEACHES AT A SCHOOL THAT IS LOCATED IN A RURAL14 SCHOOL DISTRICT AND ONE WHO TEACHES AT A SC HOOL THAT IS NOT15 LOCATED IN A RURAL SCHOOL DISTRICT ;16 (III) T WO MEMBERS WHO ARE SCHOOL COUNSELORS AT A PUBLIC17 SECONDARY SCHOOL, ONE WHO IS A SCHOOL COUNSELOR AT A SCHOOL18 THAT IS LOCATED IN A RURAL SCHOOL DISTRICT AND ONE WHO IS A SCHOOL19 COUNSELOR AT A SCHOOL THAT IS NOT LOCATED IN A RURAL SCHOOL20 DISTRICT;21 (IV) T WO MEMBERS WHO ARE SCHOOL ADMINISTRATORS AT A22 PUBLIC SECONDARY SCHOOL , ONE WHO IS A SCHOOL ADMINISTRATOR AT23 A SCHOOL THAT IS LOCATED IN A RURAL SCHOOL DISTRICT AND ONE WHO24 IS A SCHOOL ADMINISTRATOR AT A SCHOOL THAT IS NOT LOCATED IN A25 RURAL SCHOOL DISTRICT;26 (V) T WO MEMBERS WHO ARE PARENTS OR LEGAL GUARDIANS OF27 HB23-1009 -3- A STUDENT ATTENDING A PUBLIC SECONDARY SCHOOL , ONE WHO IS A1 PARENT OR LEGAL GUARDIAN OF A STUDENT ATTENDING A SCHOOL THAT2 IS LOCATED IN A RURAL SCHOOL DISTRICT AND ONE WHO IS A PARENT OR3 LEGAL GUARDIAN OF A STUDENT ATTENDING A SC HOOL THAT NOT IS4 LOCATED IN A RURAL SCHOOL DISTRICT ; AND5 (VI) T WO MEMBERS WHO ARE LICENSED MEDICAL PROFESSIONALS6 WITH EXPERTISE IN ADOLESCENT SUBSTANCE USE DISORDERS , ONE WHO7 PRACTICES IN A RURAL REGION AND ONE WHO PRACTICES IN AN URBAN OR8 SUBURBAN REGION.9 (b) T O THE EXTENT PRACTICABLE , THE MEMBERSHIP OF THE10 COMMITTEE MUST INCLUDE PERSONS FROM THROUGHOUT THE STATE AND11 REFLECT THE RACIAL, ETHNIC, AND GEOGRAPHIC DIVERSITY OF THE STATE.12 (c) M EMBERS OF THE COMMITTEE SERVE AT THE PLEASURE OF THE13 COMMISSIONER, AND SERVE WITHOUT COMPENSATION OR PER DIEM .14 (2) T HE COMMITTEE SHALL DEVELOP A PRACTICE , OR IDENTIFY OR15 MODIFY AN EXISTING PRACTICE, FOR SECONDARY SCHOOLS TO IMPLEMENT16 THAT IDENTIFIES STUDENTS WHO NEED SUBSTANCE USE TREATMENT ,17 OFFERS A BRIEF INTERVENTION, AND REFERS THE STUDENTS TO SUBSTANCE18 USE TREATMENT RESOURCES . THE COMMITTEE SHALL CONSIDER EXISTING19 AND AVAILABLE INFORMATION CONCERNING SECONDARY SCHOOL20 STUDENT SUBSTANCE USE IN COLORADO, AND HOW THE PRACTICE MUST21 ADDRESS THE CHALLENGES, RESOURCES, AND NEEDS IDENTIFIED FROM THE22 EXISTING AND AVAILABLE INFORMATION .23 (3) O N OR BEFORE JANUARY 5, 2024, THE COMMITTEE SHALL24 SUBMIT A REPORT TO THE DEPARTMENT THAT DETAILS THE RECOMMENDED25 PRACTICE PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE26 DEPARTMENT SHALL PUBLISH THE REPORT ON ITS WEBSITE AND SUBMIT27 HB23-1009 -4- THE REPORT TO THE SUPERINTENDENT OF EVERY SCHOOL DISTRICT AND1 THE CHIEF ADMINISTRATOR OF EVERY INSTITUTE CHARTER SCHOOL THAT2 IS A SECONDARY SCHOOL.3 (4) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4 REQUIRES:5 (a) "L ICENSED MEDICAL PROFESSIONAL" MEANS A PSYCHOLOGIST6 OR PHYSICIAN LICENSED TO PRACTICE IN COLORADO.7 (b) "R URAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT IN8 C OLORADO THAT THE DEPARTMENT DETERMINES IS RURAL , BASED ON THE9 GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE10 SCHOOL DISTRICT FROM THE NEAREST LARGE , URBANIZED AREA.11 (5) T HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.12 SECTION 3. Safety clause. The general assembly hereby finds,13 determines, and declares that this act is necessary for the immediate14 preservation of the public peace, health, or safety.15 HB23-1009 -5-