First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0170.01 Alana Rosen x2606
SENATE BILL 23-029
Senate Committees House Committees
Education
Appropriations
A BILL FOR AN ACT
C
ONCERNING ADDRESSING DISPROPORT IONATE DISCIPLINE IN PUBLIC101
SCHOOLS, AND, IN CONNECTION THEREWITH , MAKING AN
102
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 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.
SENATE
Amended 2nd Reading
April 13, 2023
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 law.
Dashes through the words or numbers indicate deletions from existing law. Each school district, charter school, institute charter school, or BOCES
(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 - task force
4
- report - legislative declaration - definitions - repeal. (1) (a) THE5
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
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 OTHERWISE
19
REQUIRES:20
(a) "B
OARD OF COOPERATIVE SERVICES " OR "BOCES" MEANS A
21
BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT22
TO ARTICLE 5 OF THIS TITLE 22 THAT OPERATES ONE OR MORE PUBLIC23
SCHOOLS.24
(b) "C
OUNCIL" MEANS THE COLORADO YOUTH ADVISORY COUNCIL
25
CREATED IN SECTION 2-2-1302.26
(c) "D
EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION
27
029
-3- CREATED IN SECTION 24-1-115.1
(d) "G
OVERNING BOARD OF A DISTRICT CHARTER SCHOOL " MEANS
2
THE GOVERNING BOARD OF A DISTRICT CHARTER SCHOOL THAT RECEIVES3
DELEGATION POWER TO OVERSEE SCHOOL DISCIPLINE FOR A DISTRICT4
CHARTER SCHOOL PURSUANT TO THE TERMS OF THE DISTRICT CHARTER5
SCHOOL CONTRACT THAT WOULD HAVE BEEN FILLED BY THE AUTHORIZING6
SCHOOL DISTRICT.7
(e) "L
OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A
8
CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURS UANT TO PART9
1
OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY
10
THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE11
30.5
OF THIS TITLE 22, OR A BOCES THAT OPERATES A SCHOOL.
12
(f) "L
OCAL SCHOOL BOARD" MEANS A SCHOOL DISTRICT BOARD OF
13
EDUCATION; A GOVERNING BOARD OF A DISTRICT CHARTER SCHOOL ; AN14
INSTITUTE CHARTER SCHOOL BOARD FOR A CHARTER SCHOOL AUTHORIZED15
BY THE STATE CHARTER SCHOOL INSTITUTE; OR THE GOVERNING BOARD OF16
A BOCES.17
(g) "R
EVIEW COMMITTEE" MEANS THE COLORADO YOUTH
18
ADVISORY COUNCIL REVIEW COMMITTEE CREATED IN SECTION 2-2-1305.5.19
(h) "R
URAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT IN
20
C
OLORADO THAT THE DEPARTMENT D ETERMINES IS RURAL BASED ON THE
21
GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE22
SCHOOL DISTRICT FROM THE NEAREST LARGE , URBANIZED AREA, AND THE23
TOTAL STUDENT ENROLLMENT OF THE SCHOOL DISTRICT IS SIX THOUSAND24
FIVE HUNDRED OR FEWER STUDENTS .25
(i)
"TASK FORCE" MEANS THE SCHOOL DISCIPLINE TASK FORCE
26
CREATED IN SUBSECTION (3) OF THIS SECTION.27
029
-4- (3) THERE IS CREATED IN THE DEPARTMENT THE SCHOOL1
DISCIPLINE TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS2
REGARDING SCHOOL DISTRICT DISCIPLINE POLICIES AND PRACTICES , STATE3
AND LOCAL DISCIPLINE REPORTING REQUIREMENTS , AND LOCAL4
ENGAGEMENT.5
(4) T
HE TASK FORCE MEMBERS MUST BE APPOINTED ON OR BEFORE
6
S
EPTEMBER 31, 2023. THE TASK FORCE CONSISTS OF EIGHTEEN MEMBERS
7
AS FOLLOWS:8
(a) T
HE LEGISLATIVE MEMBER, WHO IS THE CHAIRPERSON OF THE
9
REVIEW COMMITTEE, OR THE LEGISLATIVE MEMBER'S DESIGNEE;10
(b) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY
11
CHILDHOOD OR THE EXECUTIVE DIRECTOR 'S DESIGNEE;12
(c) T
HE COMMISSIONER OF EDUCATION , OR THE COMMISSIONER'S
13
DESIGNEE, SHALL APPOINT THE FOLLOWING MEMBERS :14
(I) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION FOR
15
SCHOOL DISTRICT ADMINISTRATORS ;16
(II) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION FOR
17
SCHOOL DISTRICT BOARDS OF EDUCATION ;18
(III) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION FOR
19
RURAL SCHOOL DISTRICTS;20
(IV) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
21
REPRESENTING CHARTER SCHOOLS ;22
(V) O
NE REPRESENTATIVE OF A STATEWIDE ASSOCIATION FOR
23
TEACHERS;24
(VI) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
25
REPRESENTING SPECIAL EDUCATION DIRECTORS ;26
(VII) O
NE REPRESENTATIVE OF A STATEWIDE DISABILITY
27
029
-5- ADVOCACY ORGANIZATION ;1
(VIII) O
NE REPRESENTATIVE OF A STATEWIDE MENTAL HEALTH
2
ADVOCACY ORGANIZATION ;3
(IX) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
4
REPRESENTING STUDENTS WHO HAVE EXPERIENCED SUSPENSION ,5
EXPULSION, OR OTHER SCHOOL DISCIPLINE ISSUES;6
(X) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
7
SPECIALIZING IN EQUITY AND INCLUSION;8
(XI) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
9
REPRESENTS THE INTERESTS OF STUDENTS AND FAMILIES ;10
(XII) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
11
REPRESENTS VICTIMS OF VIOLENT CRIMES OR SEXUAL ASSAULT ; AND12
(XIII) T
HREE FORMER STUDENTS WHO ATTENDED COLORADO
13
PUBLIC SCHOOLS AND WHO HAVE LIVED EXPERIENCE WITH THE SCHOOL14
DISCIPLINE SYSTEM.15
(5) (a) O
N OR BEFORE OCTOBER 15, 2023, THE COMMISSIONER, OR
16
THE COMMISSIONER'S DESIGNEE, SHALL CALL THE FIRST MEETING OF THE17
TASK FORCE. DURING THE FIRST MEETING, THE TASK FORCE SHALL ELECT18
A MEMBER TO SERVE AS THE CHAIR OF THE TASK FORCE , ESTABLISH19
PROCEDURES TO ALLOW MEMBERS OF THE TASK FORCE TO PARTICIPATE IN20
THE MEETINGS REMOTELY , DEVELOP BEST PRACTICES FOR THE21
ADMINISTRATION OF THE TASK FORCE MEETINGS , AND CREATE A PLAN FOR22
THE ENGAGEMENT OF STAKEHOLDERS AND EXPERTS TO SUPPORT AND23
INFORM THE TASK FORCE'S WORK.24
(b) T
HE TASK FORCE SHALL MEET AT LEAST SIX TIMES BETWEEN
25
O
CTOBER 15, 2023 AND THE FIRST REVIEW COMMITTEE MEETING IN 2024.
26
(c) E
XCEPT AS OTHERWISE PROVIDED IN SECTION 2-2-326, THE
27
029
-6- TASK FORCE MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT MUST1
RECEIVE REIMBURSEMENT FOR REASONABLE EXPENSES INCURRED TO2
PARTICIPATE IN TASK FORCE MEETINGS.3
(d) I
F A VACANCY OCCURS ON THE TASK FORCE FOR ANY REASON ,
4
THE ORIGINAL APPOINTING AUTHORITY SHALL APPOINT A PERSON WHO5
MEETS THE REQUIREMENTS OF THE VACANT POSITION TO FILL THE6
VACANCY AS SOON AS POSSIBLE AFTER THE VACANCY OCCURS .7
(e) T
HE DEPARTMENT SHALL PROVIDE TO THE TASK FORCE STAFF
8
ASSISTANCE, MEETING SPACE, OR AUDIO-VISUAL COMMUNICATION9
TECHNOLOGY RESOURCES , AS NECESSARY, FOR THE TASK FORCE TO MEET10
THE DUTIES DESCRIBED IN SUBSECTION (6)(a) OF THIS SECTION. THE11
DEPARTMENT MAY CONTRACT WITH A THIRD PARTY , IN ACCORDANCE WITH12
THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, TO13
PROVIDE STAFF ASSISTANCE, AS NEEDED.14
(6) (a) I
N COMPLETING THE STUDY REQUIRED IN THIS SECTION , THE
15
TASK FORCE SHALL:16
(I) D
EFINE DISPROPORTIONATE DISCIPLINE WITH CONSIDERATIONS
17
FOR SIZE, LOCATION, AND DEMOGRAPHICS OF A LOCAL EDUCATION18
PROVIDER;19
(II) R
EVIEW THE DEPARTMENT 'S PLAN AND PROGRESS IN
20
STANDARDIZING DISCIPLINE DATA, AS REQUIRED PURSUANT TO SECTION21
22-1-138,
WHICH MAY INCLUDE CONSIDERATION OF DISCIPLINE REPORTING
22
CATEGORIES AND RECOMMENDATIONS TO DISCIPLINE REPORTING23
CATEGORIES;24
(III) R
EVIEW THE DEPARTMENT 'S PLAN FOR CREATING DISTRICT
25
PROFILE REPORTS, AS REQUIRED PURSUANT TO SECTION 22-1-139;26
(IV) D
ETERMINE WHETHER THE DEPARTMENT 'S PLAN AND
27
029
-7- PROGRESS IN STANDARDIZING DISCIPLINE DATA , AS REQUIRED PURSUANT1
TO SECTION 22-1-138, SHOULD INCLUDE REPORTS OF ALTERNATIVE2
DISCIPLINARY MEASURES TAKEN PRIOR TO A STUDENT 'S SUSPENSION OR3
EXPULSION AND WHETHER LEGISLATIVE OR ADMINISTRATIVE CHANGES4
ARE NECESSARY;5
(V) R
ECOMMEND PROCESSES AND PROVIDE RESOURCES FOR PUBLIC
6
ENGAGEMENT IN A LOCAL SCHOOL BOARD 'S DISCUSSIONS OF DISCIPLINE7
DATA AND DEVELOPMENT OF IMPROVEMENT PLANS TO ADDRESS EVIDENCE8
OF DISPROPORTIONALITY IN DISCIPLINARY PRACTICES ;9
(VI) R
EVIEW EXISTING PUBLIC ENGAGEMENT PROCESSES
10
IMPLEMENTED WITHIN THE FRAMEWORK OF SCHOOL ACCOUNTABILITY11
PLANS PURSUANT TO ARTICLE 11 OF THIS TITLE 22 AND THE SAFE SCHOOL12
REPORTING REQUIREMENTS PURSUANT TO SECTION 22-32-109.1 (2) AND13
DETERMINE WHETHER TO ESTABLISH A NEW PUBLIC ENGAGEMENT PROCESS14
FOR DISCIPLINE DATA REVIEW AND RESPONSE ;15
(VII) R
EVIEW BEST PRACTICES IDENTIFIED BY THE DEPARTMENT
16
PURSUANT TO SECTION 22-14-103 (3) CONCERNING DROPOUT PREVENTION17
AND STUDENT RE-ENGAGEMENT, INCLUDING DISCIPLINARY ACTIONS, AND18
RECOMMEND SPECIFIC MATERIALS TO BE ADDED TO THE BEST PRACTICES19
MATERIALS ON THE DEPARTMENT 'S WEBSITE;20
(VIII) I
DENTIFY ALTERNATIVE APPROACHES TO DISCIPLINE AND
21
ADDRESS CONCERNS AROUND WORKFORCE AND OTHER RESOURCE22
SHORTAGES IN SCHOOL DISTRICTS IN RELATION TO SCHOOL DISCIPLINE23
PRACTICES AND REPORTING, WITH A FOCUS ON ADDRESSING CONCERNS24
REGARDING SCHOOL DISTRICT SIZE, LOCATION, AND DEMOGRAPHICS; AND25
(IX) R
ECOMMEND LEGISLATION , CHANGES TO THE
26
IMPLEMENTATION OF EXISTING LAW , OR OTHER ADMINISTRATIVE27
029
-8- CHANGES, AS NECESSARY, AND ANALYZE THE COSTS AND TIME FRAMES1
REQUIRED TO IMPLEMENT THE RECOMMENDED CHANGES .2
(b) T
HE TASK FORCE SHALL CONSULT WITH ADDITIONAL
3
STAKEHOLDERS AND EXPERTS AS NEEDED TO INFORM DISCUSSIONS AND TO4
ADDRESS QUESTIONS NECESSARY TO FINALIZE ITS FINDINGS AND5
RECOMMENDATIONS .6
(7) (a) O
N OR BEFORE AUGUST 1, 2024, THE TASK FORCE SHALL
7
SUBMIT A FINAL REPORT , INCLUDING ITS FINDINGS AND8
RECOMMENDATIONS ON ISSUES IDENTIFIED IN SUBSECTION (6) OF THIS9
SECTION TO THE REVIEW COMMITTEE ; THE EDUCATION COMMITTEES OF10
THE HOUSE OF REPRESENTATIVES AND THE SENATE , OR THEIR SUCCESSOR11
COMMITTEES; THE GOVERNOR; THE STATE BOARD; AND THE DEPARTMENT.12
(b) T
HE TASK FORCE SHALL PRESENT ITS FINDINGS AND
13
RECOMMENDATIONS TO THE REVIEW COMMITTEE DURING THE FIRST14
MEETING OF THE REVIEW COMMITTEE IN 2024.15
(8) A
NY MONEY APPROPRIATED TO THE DEPARTMENT FOR
16
PURPOSES OF THIS SECTION IS AVAILABLE THROUGH DECEMBER 31, 2024.17
(9) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.
18
19
SECTION 2. In Colorado Revised Statutes, 22-33-106, amend20
(1.2) introductory portion as follows:21
22-33-106. Grounds for suspension, expulsion, and denial of22
admission. (1.2) Each school district is encouraged to SHALL consider23
each of the following factors before suspending or expelling a student24
pursuant to a provision of subsection (1) of this section:25
SECTION 3. Appropriation. (1) For the 2023-24 state fiscal26
year, $163,880 is appropriated to the department of education. This27
029
-9- appropriation is from the general fund and is based on an assumption that1
the department will require an additional 0.5 FTE. To implement this act,2
the department may use this appropriation for a school discipline task3
force.4
(2) For the 2023-24 state fiscal year, $1,415 is appropriated to the5
legislative department for use by the general assembly. This appropriation6
is from the general fund. To implement this act, the general assembly may7
use this appropriation for legislator per diem and travel reimbursement.8
SECTION 4. Act subject to petition - effective date. This act9
takes effect at 12:01 a.m. on the day following the expiration of the10
ninety-day period after final adjournment of the general assembly; except11
that, if a referendum petition is filed pursuant to section 1 (3) of article V12
of the state constitution against this act or an item, section, or part of this13
act within such period, then the act, item, section, or part will not take14
effect unless approved by the people at the general election to be held in15
November 2024 and, in such case, will take effect on the date of the16
official declaration of the vote thereon by the governor.17
029
-10-