First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0167.02 Jacob Baus x2173
HOUSE BILL 23-1009
House Committees Senate Committees
Education Education
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO IMPROV E SERVICES FOR STUDENTS WHO101
USE
SUBSTANCES, AND, IN CONNECTION THEREWITH , MAKING AN102
APPROPRIATION.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
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
SENATE
Amended 2nd Reading
April 13, 2023
HOUSE
3rd Reading Unamended
March 15, 2023
HOUSE
Amended 2nd Reading
March 14, 2023
HOUSE SPONSORSHIP
Lindsay, Amabile, Bacon, Bird, Boesenecker, Brown, deGruy Kennedy, Dickson, English,
Epps, Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Lieder, Lukens, McCluskie,
McCormick, McLachlan, Michaelson Jenet, Ricks, Sharbini, Snyder, Titone, Willford, Young
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 law.
Dashes through the words or numbers indicate deletions from existing law. intervention, and refers the student to substance use treatment resources.
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
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
SEPTEMBER 1,6
2023,
THE COMMISSIONER SHALL APPOINT THE FOLLOWING MEMBERS TO7
SERVE 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
LICENSED SPECIAL SERVICES17
PROVIDERS WITH A SCHOOL COUNSELOR ENDORSEMENT AT A PUBLIC18
SECONDARY SCHOOL WHOSE RESPONSIBILITIES INCLUDE MENTAL HEALTH19
COUNSELING, ONE WHO IS A LICENSED SPECIAL SERVICES PROVIDER WITH20
A SCHOOL COUNSELOR ENDORSEMENT AT A SCHOOL THAT IS LOCATED IN21
A RURAL SCHOOL DISTRICT AND ONE WHO IS A LICENSED SPECIAL SERVICES22
PROVIDER WITH A SCHOOL COUNSELOR ENDORSEMENT AT A SCHOOL THAT23
IS NOT LOCATED IN A RURAL SCHOOL DISTRICT;24
(IV) T
WO MEMBERS WHO ARE SCHOOL ADMINISTRATORS AT A25
PUBLIC SECONDARY SCHOOL , ONE WHO IS A SCHOOL ADMINISTRATOR AT26
A SCHOOL THAT IS LOCATED IN A RURAL SCHOOL DISTRICT AND ONE WHO27
1009
-3- IS A SCHOOL ADMINISTRATOR AT A SCHOOL THAT IS NOT LOCATED IN A1
RURAL SCHOOL DISTRICT;2
(V) T
WO MEMBERS WHO ARE PARENTS OR LEGAL GUARDIANS OF3
A STUDENT ATTENDING A PUBLIC SECONDARY SCHOOL , ONE WHO IS A4
PARENT OR LEGAL GUARDIAN OF A STUDENT ATTENDING A SCHOOL THAT5
IS LOCATED IN A RURAL SCHOOL DISTRICT AND ONE WHO IS A PARENT OR6
LEGAL GUARDIAN OF A STUDENT ATTENDING A SCHOOL THAT NOT IS7
LOCATED IN A RURAL SCHOOL DISTRICT ;
8
(VI) T
WO MEMBERS WHO ARE LICENSED MEDICAL PROFESSIONALS9
WITH EXPERTISE IN ADOLESCENT SUBSTANCE USE DISORDERS , ONE WHO10
PRACTICES IN A RURAL REGION AND ONE WHO PRACTICES IN AN URBAN OR11 SUBURBAN REGION;12
(VII) TWO MEMBERS WHO ARE SCHOOL NURSES, ONE WHO IS A13
SCHOOL NURSE AT A SCHOOL THAT IS LOCATED IN A RURAL SCHOOL14
DISTRICT AND ONE WHO IS A SCHOOL NURSE AT A SCHOOL THAT IS NOT15
LOCATED IN A RURAL SCHOOL DISTRICT ;16
(VIII) TWO MEMBERS WHO ARE EXPERTS IN THE PRACTICE OF17
SUBSTANCE USE SCREENING, BRIEF INTERVENTION, AND REFERRAL TO18
TREATMENT, ONE WHO PRACTICES IN A RURAL REGION AND ONE WHO19
PRACTICES IN AN URBAN OR SUBURBAN REGION ;20
(IX) ONE MEMBER WHO REPRESENTS THE OFFICE OF CHILDREN,21
YOUTH, AND FAMILIES IN THE DEPARTMENT OF HUMAN SERVICES ; AND22
(X) ONE MEMBER WHO REPRESENTS THE PREVENTION SERVICES23
DIVISION WITHIN THE DEPARTMENT OF PUBLIC HEALTH AND24
ENVIRONMENT.25
(b) T
O THE EXTENT PRACTICABLE , THE MEMBERSHIP OF THE26
COMMITTEE MUST INCLUDE PERSONS FROM THROUGHOUT THE STATE AND27
1009
-4- REFLECT THE RACIAL, ETHNIC, AND GEOGRAPHIC DIVERSITY OF THE STATE.1
(c) M
EMBERS OF THE COMMITTEE SERVE AT THE PLEASURE OF THE2
COMMISSIONER, AND SERVE WITHOUT COMPENSATION OR PER DIEM ;
3
EXCEPT THAT MEMBERS OF THE COMMITTEE ARE ENTITLED TO4
REIMBURSEMENT FOR REASONABLE AND NECESSARY EXPENSES INCURRED5
IN PERFORMING THEIR DUTIES UNDER THIS SECTION , INCLUDING MILEAGE6
REIMBURSEMENT.7
(2) T
HE COMMITTEE SHALL DEVELOP A PRACTICE , OR IDENTIFY OR8
MODIFY AN EXISTING PRACTICE, FOR SECONDARY SCHOOLS TO IMPLEMENT9THAT IDENTIFIES STUDENTS' SUBSTANCE USE, OFFERS BRIEF INTERVENTION10
WITH INFORMATION REGARDING SUBSTANCE USE AND CONSEQUENTIAL11
HEALTH RISKS, AND REFERS THE STUDENTS TO SUBSTANCE USE12
TREATMENT RESOURCES. THE COMMITTEE SHALL CONSIDER EXISTING AND13
AVAILABLE INFORMATION CONCERNING SECONDARY SCHOOL STUDENT14
SUBSTANCE USE IN COLORADO, AND HOW THE PRACTICE MUST ADDRESS15
THE CHALLENGES, RESOURCES, AND NEEDS IDENTIFIED FROM THE EXISTING16
AND AVAILABLE INFORMATION .17
(3) O
N OR BEFORE JANUARY 5, 2024, THE COMMITTEE SHALL18
SUBMIT A REPORT TO THE DEPARTMENT THAT DETAILS THE RECOMMENDED19
PRACTICE PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE20
DEPARTMENT SHALL PUBLISH THE REPORT ON ITS WEBSITE AND SUBMIT21
THE REPORT TO THE SUPERINTENDENT OF EVERY SCHOOL DISTRICT AND22
THE CHIEF ADMINISTRATOR OF EVERY INSTITUTE CHARTER SCHOOL THAT23
IS A SECONDARY SCHOOL.24
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE25
REQUIRES:26
(a) "L
ICENSED MEDICAL PROFESSIONAL" MEANS A PSYCHOLOGIST27
1009
-5- OR PHYSICIAN LICENSED TO PRACTICE IN COLORADO.1
(b) "R
URAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT IN2
C
OLORADO THAT THE DEPARTMENT DETERMINES IS RURAL , BASED ON THE3
GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE4
SCHOOL DISTRICT FROM THE NEAREST LARGE , URBANIZED AREA.5
(c) "SECONDARY SCHOOL" MEANS A MIDDLE SCHOOL, JUNIOR HIGH6
SCHOOL, OR HIGH SCHOOL.7
(d) "SUBSTANCE USE" MEANS THE USE OF ALCOHOL, TOBACCO,8
CONTROLLED SUBSTANCES , OR PRESCRIPTION MEDICATION.9
(5) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.10 SECTION 3. Appropriation. For the 2023-24 state fiscal year,11
$49,950 is appropriated to the department of education. This12
appropriation is from the general fund and is based on an assumption that13
the department will require an additional 0.2 FTE. To implement this act,14
the department may use this appropriation for a secondary school student15
substance use committee.16
SECTION 4. Act subject to petition - effective date. This act17
takes effect at 12:01 a.m. on the day following the expiration of the18
ninety-day period after final adjournment of the general assembly; except19
that, if a referendum petition is filed pursuant to section 1 (3) of article V20
of the state constitution against this act or an item, section, or part of this21
act within such period, then the act, item, section, or part will not take22
effect unless approved by the people at the general election to be held in23
November 2024 and, in such case, will take effect on the date of the24
official declaration of the vote thereon by the governor.25
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