First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0170.01 Alana Rosen x2606
SENATE BILL 23-029
Senate Committees House Committees
Education
A BILL FOR AN ACT
C
ONCERNING ADDRESSING DISPROPORT IONATE DISCIPLINE IN PUBLIC101
SCHOOLS.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 requires
each school district board of education, institute charter school board for
a charter school authorized by the state charter school institute, or
governing board of a board of cooperative services (BOCES) to adopt a
policy to address disproportionate disciplinary practices in public schools.
Each school district, charter school, institute charter school, or BOCES
SENATE SPONSORSHIP
Moreno,
HOUSE SPONSORSHIP
Lindsay,
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. (local education provider) shall develop, implement, and annually review
improvement plans if the data reported to the department of education
pursuant to the safe school reporting requirements shows disproportionate
discipline practices at the local education provider. In implementing an
improvement plan to address disproportionate discipline practices, each
local education provider shall provide to the parents of the students
enrolled in the school written notice of the improvement plan and issues
identified by the local education provider as giving rise to the need for the
plan. The written notice must include the timeline for developing and
adopting the improvement plan and the dates, times, and locations of the
public meeting to solicit input from parents concerning disproportionate
discipline and the contents of the plan before the plan is written and a
public hearing to review the plan prior to final adoption.
Current law encourages school districts to consider certain factors
before suspending or expelling a student. The bill requires school districts
to consider those factors before suspending or expelling a student.
The bill requires school districts to document in a student's record
and compile in the safe school report any alternative disciplinary attempts
before suspending or expelling a student.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 22-33-112 as2
follows:3
22-33-112. Addressing disproportionate discipline - policy -4
communications - legislative declaration - definitions. (1) (a) T
HE5
GENERAL ASSEMBLY FINDS AND DECLARES THAT :6
(I) S
TUDENTS WHO ARE SUSPENDED AND EXPELLED ARE MORE7
LIKELY TO BE WITHOUT SUPERVISION DURING THE SUSPENSION OR8
EXPULSION PERIOD, CAUSING STUDENTS TO FALL BEHIND IN COURSE WORK ;9
(II) S
USPENDED AND EXPELLED STUDENTS ARE FIFTY -ONE PERCENT10
MORE LIKELY TO BE ARRESTED TWO OR MORE TIMES THAN THEIR PEERS11
WHO ARE NOT SUSPENDED OR EXPELLED FROM SCHOOL ;12
(III) F
OR THE 2018-19 SCHOOL YEAR IN COLORADO, BLACK13
STUDENTS WERE 3.2 TIMES MORE LIKELY TO BE SUSPENDED THAN WHITE14
SB23-029-2- STUDENTS, AND HISPANIC STUDENTS WERE 1.7 TIMES MORE LIKELY TO BE1
SUSPENDED THAN WHITE STUDENTS; AND2
(IV) L
ONGITUDINAL RESEARCH SHOWS THAT TWELVE YEARS3
AFTER A SUSPENSION, SUSPENDED YOUTH ARE LESS LIKELY THAN4
NONSUSPENDED YOUTH TO HAVE EARNED A HIGH SCHOOL DIPLOMA OR A5
BACHELOR'S DEGREE. SUSPENDED YOUTH ARE MORE LIKELY TO HAVE BEEN6
ARRESTED AND ON PROBATION , WHICH SUGGESTS THAT SUSPENSION ,7
RATHER THAN SELECTION BIAS, EXPLAINS NEGATIVE OUTCOMES .8
(b) T
HE GENERAL ASSEMBLY FINDS , THEREFORE, THAT9
DISCRIMINATION PLAYS A SIGNIFICANT ROLE IN PERPETUATING SCHOOL10
SAFETY POLICIES THAT PUSH ST UDENTS INTO THE CRIMINAL JUSTICE11
SYSTEM. RESEARCH DEMONSTRATES THAT BLACK AND HISPANIC12
STUDENTS ARE OFTEN PUNISHED MORE HARSHLY FOR THE SAME13
INFRACTIONS THAN WHITE STUDENTS, WHICH REINFORCES THE ROLE OF14
RACIAL BIAS IN THE SCHOOL DISCIPLINE SYSTEM . IT IS CRITICAL TO15
UNDERSTAND DISPROPORTIONATE DISCIPLINE POLICIES AND TAKE STEPS TO16
ADDRESS AND PREVENT THE PROGRESSION FROM SC HOOL TO THE CRIMINAL17
JUSTICE SYSTEM FROM OCCURRING .18
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE19
REQUIRES:20
(a) "B
OARD OF COOPERATIVE SERVICES " OR "BOCES" MEANS A21
BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT22
TO ARTICLE 5 OF THIS TITLE 22 THAT OPERATES ONE OR MORE PUBLIC23
SCHOOLS.24
(b) "D
EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION25
CREATED IN SECTION 24-1-115.26
(c) "D
ISAGGREGATED STUDENT DATA " MEANS STUDENT DATA27
SB23-029
-3- DISAGGREGATED BY GENDER , GRADE LEVEL , RACE, ETHNICITY,1
DISABILITY, WHETHER THE STUDENT HAS FEDERAL SECTION 5042
ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PLAN , ENGLISH3
LANGUAGE LEARNER STATUS , FREE AND REDUCED-PRICE LUNCH STATUS,4
AND HOMELESS STATUS, COLLECTED PURSUANT TO SECTION 22-32-109.15
(2)(b.5).6
(d) "L
OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A7
CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURS UANT TO PART8
1
OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY9
THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE10
30.5
OF THIS TITLE 22, OR A BOCES THAT OPERATES A SCHOOL.11
(e) "L
OCAL SCHOOL BOARD" MEANS A SCHOOL DISTRICT BOARD OF12
EDUCATION, AN INSTITUTE CHARTER SCHOOL BOARD FOR A CHARTER13
SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE , OR THE14
GOVERNING BOARD OF A BOCES.15
(3) (a) E
ACH LOCAL SCHOOL BOARD SHALL ADOPT , AND THE LOCAL16
EDUCATION PROVIDER SHALL IMPLEMENT , A POLICY TO ADDRESS17
DISPROPORTIONATE DISCIPLINARY PRAC TICES IN SCHOOLS BASED ON THE18
DATA CONCERNING THE NUMBER AND TYPES OF DISCIPLINARY INCIDENTS ,19
THE DISCIPLINARY ACTIONS TAKEN IN RESPONSE TO SUCH INCIDENTS , AND20
DISAGGREGATED STUDENT DATA COLLECTED PURSUANT TO SECTION21
22-32-109.1 (2)(b.5). I
N ADOPTING THE POLICY, THE LOCAL SCHOOL22
BOARD MAY TAKE INTO ACCOUNT , BUT NEED NOT BE LIMITED TO, THE23
PRACTICES AND STRATEGIES IDENTIFIED IN THE CONDUCT AND DISCIPLINE24
CODE AND THE SAFE SCHOOL REPORTING REQUIREMENTS DESCRIBED IN25
SECTION 22-32-109.1.26
(b) A
S PART OF THE POLICY TO ADDRESS DISPROPORTIONATE27
SB23-029
-4- DISCIPLINE, EACH LOCAL EDUCATION PROVIDER IS ENCOURAGED TO1
PROVIDE TRAINING CONCERNING BEST PRACTICES AND SKILLS TO ADDRESS2
DISPROPORTIONATE DISCIPLINE AND TO CREATE NEW , INCLUSIONARY3
APPROACHES TO DISCIPLINE.4
(c) E
ACH LOCAL EDUCATION PROVIDER SHALL IDENTIFY AN5
EMPLOYEE OF THE LOCAL EDUCATION PROVIDER TO ACT AS THE POINT OF6
CONTACT FOR DISCIPLINE TRAINING AND RESOURCES . THE IDENTIFIED7
PERSON SHALL ALSO SERVE AS THE LIAISON BETWEEN THE LOCAL8
EDUCATION PROVIDER AND THE DEPARTMENT AND SHALL FACILITATE THE9
EFFORTS OF THE LOCAL EDUCATION PROVIDER TO ADDRESS10
DISPROPORTIONATE DISCIPLINE. THE LOCAL EDUCATION PROVIDER SHALL11
SUBMIT TO THE DEPARTMENT THE NAME OF THE IDENTIFIED EMPLOYEE .12
(4) (a) E
ACH LOCAL EDUCATION PROVIDER SHALL ANNUALLY13
REVIEW THE DATA CONCERNING THE NUMBER AND TYPES OF DISCIPLINARY14
INCIDENTS, THE DISCIPLINARY ACTIONS TAKEN IN RESPONSE TO SUCH15
INCIDENTS, AND DISAGGREGATED STUDENT DATA COLLECTED PURSUANT16
TO SECTION 22-32-109.1 (2)(b.5).17
(b) I
F THE DATA DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION18
REFLECTS DISPROPORTIONATE DISCIPLINE , THE LOCAL EDUCATION19
PROVIDER SHALL DEVELOP , IMPLEMENT, AND ANNUALLY REVIEW AN20
IMPROVEMENT PLAN TO ADDRESS DISPROPORTIONATE DISCIPLINE21
PRACTICES BASED ON THE DATA COLLECTED PURSUANT TO SECTION22
22-32-109.1 (2)(b.5). I
N IMPLEMENTING AN IMPROVEMENT PLAN TO23
ADDRESS DISPROPORTI ONATE DISCIPLINE PRACTICES , THE LOCAL24
EDUCATION PROVIDER SHALL PROVIDE WRITTEN NOTICE TO THE PARENTS25
OF THE STUDENTS ENROLLED IN THE LOCAL EDUCATION PROVIDER OF THE26
IMPROVEMENT PLAN AND ISSUES IDENTIFIED BY THE LOCAL EDUCATION27
SB23-029
-5- PROVIDER AS GIVING RISE TO THE NEED FOR THE PLAN . THE WRITTEN1
NOTICE MUST INCLUDE THE TIMELINE FOR DEVELOPING AND ADOPTING THE2
IMPROVEMENT PLAN AND THE DATES , TIMES, AND LOCATIONS OF THE3
PUBLIC MEETING DESCRIBED IN SUBSECTION (4)(c) OF THIS SECTION AND4
THE PUBLIC HEARING DESCRIBED IN SUBSECTION (4)(d) OF THIS SECTION.5
(c) T
HE LOCAL EDUCATION PROVIDER SHALL HOLD A PUBLIC6
MEETING TO SOLICIT INPUT FROM PARENTS CONCERNING7
DISPROPORTIONATE DISCIPLINE AND THE CONTENTS OF THE IMPROVEMENT8
PLAN BEFORE THE PLAN IS WRITTEN . AT THE PUBLIC MEETING, THE9
SUPERINTENDENT OF THE LOCAL EDUCATION PROVIDER SHALL REVIEW THE10
PROGRESS OF THE LOCAL EDUCATION PROVIDER IN ITS APPROACH TO11
DISCIPLINE FOR THE PRECEDING YEAR.12
(d) T
HE LOCAL SCHOOL BOARD SHALL HOLD A PUBLIC HEARING13
AFTER THE PLAN IS WRITTEN TO REVIEW THE PLAN PRIOR TO FINAL14
ADOPTION. THE DATE OF THE PUBLIC HEARING MUST BE AT LEAST THIRTY15
DAYS AFTER THE DATE ON WHICH THE LOCAL EDUCATION PROVIDER16
PROVIDES THE WRITTEN NOTICE OF THE PUBLIC HEARING .17
(5) F
OR THE 2023-24 BUDGET YEAR, THE GENERAL ASSEMBLY18
SHALL APPROPRIATE TO THE DEPARTMENT THREE HUNDRED THOUSAND19
DOLLARS FOR DISTRIBUTION TO LOCAL EDUCATION PROVIDERS TO OFFSET20
THE COSTS INCURRED IN IMPLEMENTING THIS SECTION . THE DEPARTMENT21
SHALL DETERMINE THE AMOUNT TO DISTRIBUTE TO EACH LOCAL22
EDUCATION PROVIDER.23
SECTION 2. In Colorado Revised Statutes, 22-33-106, amend24
(1.2) as follows:25
22-33-106. Grounds for suspension, expulsion, and denial of26
admission. (1.2) (a) Each school district is encouraged to
SHALL consider27
SB23-029
-6- each of the following factors before suspending or expelling a student1
pursuant to a provision of subsection (1) of this section:2
(a) (I) The age of the student;3
(b) (II) The disciplinary history of the student;4
(c) (III) Whether the student has a disability;5
(d) (IV) The seriousness of the violation committed by the6
student;7
(e) (V) Whether the violation committed by the student threatened8
the safety of any student or staff member; and9
(f) (VI) Whether a lesser intervention would properly address the10
violation committed by the student.11
(b) I
N ADDITION TO SUBSECTION (1.2)(a) OF THIS SECTION, EACH12
SCHOOL DISTRICT SHALL DOCUMENT IN A STUDENT 'S RECORD AND COMPILE13
IN THE SAFE SCHOOL REPORT PURSUANT TO SECTION 22-32-109.114
(2)(b)(IV)
ANY ALTERNATIVE DISCIPLINARY MEASURES USED BEFORE15
SUSPENDING OR EXPELLING THE STUDENT PURSUANT TO SUBSECTION (1)16
OF THIS SECTION.17
SECTION 3. Act subject to petition - effective date. This act18
takes effect at 12:01 a.m. on the day following the expiration of the19
ninety-day period after final adjournment of the general assembly; except20
that, if a referendum petition is filed pursuant to section 1 (3) of article V21
of the state constitution against this act or an item, section, or part of this22
act within such period, then the act, item, section, or part will not take23
effect unless approved by the people at the general election to be held in24
November 2024 and, in such case, will take effect on the date of the25
official declaration of the vote thereon by the governor.26
SB23-029
-7-