SENATE BILL 23-029
BY SENATOR(S) Moreno, Buckner, Cutter, Exum, Fields, Gonzales,
Hinrichsen, Marchman, Priola, Sullivan, Winter F.;
also REPRESENTATIVE(S) Lindsay, Amabile, Bacon, Brown, Dickson,
Duran, English, Epps, Froelich, Garcia, Gonzales-Gutierrez, Hamrick,
Herod, Joseph, Kipp, Lukens, Mabrey, Mauro, McCormick, McLachlan,
Michaelson Jenet, Ortiz, Parenti, Ricks, Sharbini, Sirota, Story, Velasco,
Vigil, McCluskie.
C
ONCERNING ADDRESSING DISPROPORTIONATE DISCIPLINE IN PUBLIC
SCHOOLS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 22-33-112 as
follows:
22-33-112. Addressing disproportionate discipline - task force
- report - legislative declaration - definitions - repeal. (1) (a) T
HE
GENERAL ASSEMBLY FINDS AND DECLARES THAT
:
(I) S
TUDENTS WHO ARE SUSPENDED AND EXPELLED ARE MORE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. LIKELY TO BE WITHOUT SUPERVISION DURING THE SUSPENSION OR
EXPULSION PERIOD
, CAUSING STUDENTS TO FALL BEHIND IN COURSE WORK ;
(II) S
USPENDED AND EXPELLED STUDENTS ARE FIFTY -ONE PERCENT
MORE LIKELY TO BE ARRESTED TWO OR MORE TIMES THAN THEIR PEERS WHO
ARE NOT SUSPENDED OR EXPELLED FROM SCHOOL
;
(III) F
OR THE 2018-19 SCHOOL YEAR IN COLORADO, BLACK
STUDENTS WERE
3.2 TIMES MORE LIKELY TO BE SUSPENDED THAN WHITE
STUDENTS
, AND HISPANIC STUDENTS WERE 1.7 TIMES MORE LIKELY TO BE
SUSPENDED THAN
WHITE STUDENTS; AND
(IV) LONGITUDINAL RESEARCH SHOWS THAT TWELVE YEARS AFTER
A SUSPENSION
, SUSPENDED YOUTH ARE LESS LIKELY THAN NONSUSPENDED
YOUTH TO HAVE EARNED A HIGH SCHOOL DIPLOMA OR A BACHELOR
'S
DEGREE
. SUSPENDED YOUTH ARE MORE LIKELY TO HAVE BEEN ARRESTED
AND ON PROBATION
, WHICH SUGGESTS THAT SUSPENSION , RATHER THAN
SELECTION BIAS
, EXPLAINS NEGATIVE OUTCOMES .
(b) T
HE GENERAL ASSEMBLY FINDS , THEREFORE, THAT
DISCRIMINATION PLAYS A SIGNIFICANT ROLE IN PERPETUATING SCHOOL
SAFETY POLICIES THAT PUSH STUDENTS INTO THE CRIMINAL JUSTICE SYSTEM
.
R
ESEARCH DEMONSTRATES THAT BLACK AND HISPANIC STUDENTS ARE
OFTEN PUNISHED MORE HARSHLY FOR THE SAME INFRACTIONS THAN
WHITE
STUDENTS
, WHICH REINFORCES THE ROLE OF RACIAL BIAS IN THE SCHOOL
DISCIPLINE SYSTEM
. IT IS CRITICAL TO UNDERSTAND DISPROPORTIONATE
DISCIPLINE POLICIES AND TAKE STEPS TO ADDRESS AND PREVENT THE
PROGRESSION FROM SCHOOL TO THE CRIMINAL JUSTICE SYSTEM FROM
OCCURRING
.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "B
OARD OF COOPERATIVE SERVICES " OR "BOCES" MEANS A
BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT TO
ARTICLE
5 OF THIS TITLE 22 THAT OPERATES ONE OR MORE PUBLIC SCHOOLS .
(b) "C
OUNCIL" MEANS THE COLORADO YOUTH ADVISORY COUNCIL
CREATED IN SECTION
2-2-1302.
PAGE 2-SENATE BILL 23-029 (c) "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION
CREATED IN SECTION
24-1-115.
(d) "G
OVERNING BOARD OF A DISTRICT CHARTER SCHOOL " MEANS
THE GOVERNING BOARD OF A DISTRICT CHARTER SCHOOL THAT RECEIVES
DELEGATION POWER TO OVERSEE SCHOOL DISCIPLINE FOR A DISTRICT
CHARTER SCHOOL PURSUANT TO THE TERMS OF THE DISTRICT CHARTER
SCHOOL CONTRACT THAT WOULD HAVE BEEN FILLED BY THE AUTHORIZING
SCHOOL DISTRICT
.
(e) "L
OCAL EDUCATION PROVIDER " MEANS A SCHOOL DISTRICT, A
CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART
1 OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY
THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART
5 OF ARTICLE
30.5 OF THIS TITLE 22, OR A BOCES THAT OPERATES A SCHOOL.
(f) "L
OCAL SCHOOL BOARD" MEANS A SCHOOL DISTRICT BOARD OF
EDUCATION
; A GOVERNING BOARD OF A DISTRICT CHARTER SCHOOL ; AN
INSTITUTE CHARTER SCHOOL BOARD FOR A CHARTER SCHOOL AUTHORIZED
BY THE STATE CHARTER SCHOOL INSTITUTE
; OR THE GOVERNING BOARD OF
A
BOCES.
(g) "R
EVIEW COMMITTEE" MEANS THE COLORADO YOUTH ADVISORY
COUNCIL REVIEW COMMITTEE CREATED IN SECTION
2-2-1305.5.
(h) "R
URAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT IN
COLORADO THAT THE DEPARTMENT D ETERMINES IS RURAL BASED ON THE
GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE
SCHOOL DISTRICT FROM THE NEAREST LARGE
, URBANIZED AREA, AND THE
TOTAL STUDENT ENROLLMENT OF THE SCHOOL DISTRICT IS SIX THOUSAND
FIVE HUNDRED OR FEWER STUDENTS
.
(i) "T
ASK FORCE" MEANS THE SCHOOL DISCIPLINE TASK FORCE
CREATED IN SUBSECTION
(3) OF THIS SECTION.
(3) T
HERE IS CREATED IN THE DEPARTMENT THE SCHOOL DISCIPLINE
TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS REGARDING SCHOOL
DISTRICT DISCIPLINE POLICIES AND PRACTICES
, STATE AND LOCAL DISCIPLINE
REPORTING REQUIREMENTS
, AND LOCAL ENGAGEMENT .
PAGE 3-SENATE BILL 23-029 (4) THE TASK FORCE MEMBERS MUST BE APPOINTED ON OR BEFORE
SEPTEMBER 30, 2023. THE TASK FORCE CONSISTS OF EIGHTEEN MEMBERS AS
FOLLOWS
:
(a) T
HE LEGISLATIVE MEMBER, WHO IS THE CHAIRPERSON OF THE
REVIEW COMMITTEE
, OR THE LEGISLATIVE MEMBER'S DESIGNEE;
(b) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY
CHILDHOOD OR THE EXECUTIVE DIRECTOR
'S DESIGNEE;
(c) T
HE COMMISSIONER OF EDUCATION , OR THE COMMISSIONER'S
DESIGNEE
, SHALL APPOINT THE FOLLOWING MEMBERS :
(I) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION FOR
SCHOOL DISTRICT ADMINISTRATORS
;
(II) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION FOR
SCHOOL DISTRICT BOARDS OF EDUCATION
;
(III) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION FOR
RURAL SCHOOL DISTRICTS
;
(IV) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
REPRESENTING CHARTER SCHOOLS
;
(V) O
NE REPRESENTATIVE OF A STATEWIDE ASSOCIATION FOR
TEACHERS
;
(VI) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
REPRESENTING SPECIAL EDUCATION DIRECTORS
;
(VII) O
NE REPRESENTATIVE OF A STATEWIDE DISABILITY ADVOCACY
ORGANIZATION
;
(VIII) O
NE REPRESENTATIVE OF A STATEWIDE MENTAL HEALTH
ADVOCACY ORGANIZATION
;
(IX) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
REPRESENTING STUDENTS WHO HAVE EXPERIENCED SUSPENSION
, EXPULSION,
OR OTHER SCHOOL DISCIPLINE ISSUES;
PAGE 4-SENATE BILL 23-029 (X) ONE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
SPECIALIZING IN EQUITY AND INCLUSION
;
(XI) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
REPRESENTS THE INTERESTS OF STUDENTS AND FAMILIES
;
(XII) O
NE REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
REPRESENTS VICTIMS OF VIOLENT CRIMES OR SEXUAL ASSAULT
; AND
(XIII) THREE FORMER STUDENTS WHO ATTENDED COLORADO PUBLIC
SCHOOLS AND WHO HAVE LIVED EXPERIENCE WITH THE SCHOOL DISCIPLINE
SYSTEM
.
(5) (a) O
N OR BEFORE OCTOBER 15, 2023, THE COMMISSIONER, OR
THE COMMISSIONER
'S DESIGNEE, SHALL CALL THE FIRST MEETING OF THE
TASK FORCE
. DURING THE FIRST MEETING, THE TASK FORCE SHALL ELECT A
MEMBER TO SERVE AS THE CHAIR OF THE TASK FORCE
, ESTABLISH
PROCEDURES TO ALLOW MEMBERS OF THE TASK FORCE TO PARTICIPATE IN
THE MEETINGS REMOTELY
, DEVELOP BEST PRACTICES FOR THE
ADMINISTRATION OF THE TASK FORCE MEETINGS
, AND CREATE A PLAN FOR
THE ENGAGEMENT OF STAKEHOLDERS AND EXPERTS TO SUPPORT AND
INFORM THE TASK FORCE
'S WORK.
(b) T
HE TASK FORCE SHALL MEET AT LEAST SIX TIMES BETWEEN
OCTOBER 15, 2023 AND THE FIRST REVIEW COMMITTEE MEETING IN 2024.
(c) E
XCEPT AS OTHERWISE PROVIDED IN SECTION 2-2-326, THE TASK
FORCE MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT MUST RECEIVE
REIMBURSEMENT FOR REASONABLE EXPENSES INCURRED TO PARTICIPATE IN
TASK FORCE MEETINGS
.
(d) I
F A VACANCY OCCURS ON THE TASK FORCE FOR ANY REASON ,
THE ORIGINAL APPOINTING AUTHORITY SHALL APPOINT A PERSON WHO
MEETS THE REQUIREMENTS OF THE VACANT POSITION TO FILL THE VACANCY
AS SOON AS POSSIBLE AFTER THE VACANCY OCCURS
.
(e) T
HE DEPARTMENT SHALL PROVIDE TO THE TASK FORCE STAFF
ASSISTANCE
, MEETING SPACE , OR AUDIO-VISUAL COMMUNICATION
TECHNOLOGY RESOURCES
, AS NECESSARY, FOR THE TASK FORCE TO MEET
THE DUTIES DESCRIBED IN SUBSECTION
(6)(a) OF THIS SECTION. THE
PAGE 5-SENATE BILL 23-029 DEPARTMENT MAY CONTRACT WITH A THIRD PARTY , IN ACCORDANCE WITH
THE
"PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, TO PROVIDE
STAFF ASSISTANCE
, AS NEEDED.
(6) (a) I
N COMPLETING THE STUDY REQUIRED IN THIS SECTION , THE
TASK FORCE SHALL
:
(I) D
EFINE DISPROPORTIONATE DISCIPLINE WITH CONSIDERATIONS
FOR SIZE
, LOCATION, AND DEMOGRAPHICS OF A LOCAL EDUCATION
PROVIDER
;
(II) R
EVIEW THE DEPARTMENT 'S PLAN AND PROGRESS IN
STANDARDIZING DISCIPLINE DATA
, AS REQUIRED PURSUANT TO SECTION
22-1-138, WHICH MAY INCLUDE CONSIDERATION OF DISCIPLINE REPORTING
CATEGORIES AND RECOMMENDATIONS TO DISCIPLINE REPORTING
CATEGORIES
;
(III) R
EVIEW THE DEPARTMENT 'S PLAN FOR CREATING DISTRICT
PROFILE REPORTS
, AS REQUIRED PURSUANT TO SECTION 22-1-139;
(IV) D
ETERMINE WHETHER THE DEPARTMENT 'S PLAN AND PROGRESS
IN STANDARDIZING DISCIPLINE DATA
, AS REQUIRED PURSUANT TO SECTION
22-1-138, SHOULD INCLUDE REPORTS OF ALTERNATIVE DISCIPLINARY
MEASURES TAKEN PRIOR TO A STUDENT
'S SUSPENSION OR EXPULSION AND
WHETHER LEGISLATIVE OR ADMINISTRATIVE CHANGES ARE NECESSARY
;
(V) R
ECOMMEND PROCESSES AND PROVIDE RESOURCES FOR PUBLIC
ENGAGEMENT IN A LOCAL SCHOOL BOARD
'S DISCUSSIONS OF DISCIPLINE
DATA AND DEVELOPMENT OF IMPROVEMENT PLANS TO ADDRESS EVIDENCE
OF DISPROPORTIONALITY IN DISCIPLINARY PRACTICES
;
(VI) R
EVIEW EXISTING PUBLIC ENGAGEMENT PROCESSES
IMPLEMENTED WITHIN THE FRAMEWORK OF SCHOOL ACCOUNTABILITY PLANS
PURSUANT TO ARTICLE
11 OF THIS TITLE 22 AND THE SAFE SCHOOL
REPORTING REQUIREMENTS PURSUANT TO SECTION
22-32-109.1 (2) AND
DETERMINE WHETHER TO ESTABLISH A NEW PUBLIC ENGAGEMENT PROCESS
FOR DISCIPLINE DATA REVIEW AND RESPONSE
;
(VII) R
EVIEW BEST PRACTICES IDENTIFIED BY THE DEPARTMENT
PURSUANT TO SECTION
22-14-103 (3) CONCERNING DROPOUT PREVENTION
PAGE 6-SENATE BILL 23-029 AND STUDENT RE-ENGAGEMENT, INCLUDING DISCIPLINARY ACTIONS, AND
RECOMMEND SPECIFIC MATERIALS TO BE ADDED TO THE BEST PRACTICES
MATERIALS ON THE DEPARTMENT
'S WEBSITE;
(VIII) I
DENTIFY ALTERNATIVE APPROACHES TO DISCIPLINE ,
INCLUDING BUT NOT LIMITED TO POSITIVE BEHAVIORAL INTERVENTION AND
SUPPORTS
, BULLYING INTERVENTION AND PREVENTION , AND BEHAVIOR
INTERVENTION PLANS
, AND ADDRESS CONCERNS AROUND WORKFORCE AND
OTHER RESOURCE SHORTAGES IN SCHOOL DISTRICTS IN RELATION TO SC HOOL
DISCIPLINE PRACTICES AND REPORTING
, WITH A FOCUS ON ADDRESSING
CONCERNS REGARDING SCHOOL DISTRICT SIZE
, LOCATION, AND
DEMOGRAPHICS
; AND
(IX) RECOMMEND LEGISLATION, CHANGES TO THE IMPLEMENTATION
OF EXISTING LAW
, OR OTHER ADMINISTRATIVE CHANGES , AS NECESSARY,
AND ANALYZE THE COSTS AND TIME FRAMES REQUIRED TO IMPLEMENT THE
RECOMMENDED CHANGES
.
(b) T
HE TASK FORCE SHALL CONSULT WITH ADDITIONAL
STAKEHOLDERS AND EXPERTS AS NEEDED TO INFORM DISCUSSIONS AND TO
ADDRESS QUESTIONS NECESSARY TO FINALIZE ITS FINDINGS AND
RECOMMENDATIONS
.
(7) (a) O
N OR BEFORE AUGUST 1, 2024, THE TASK FORCE SHALL
SUBMIT A FINAL REPORT
, INCLUDING ITS FINDINGS AND RECOMMENDATIONS
ON ISSUES IDENTIFIED IN SUBSECTION
(6) OF THIS SECTION TO THE REVIEW
COMMITTEE
; THE EDUCATION COMMITTEES OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE
, OR THEIR SUCCESSOR COMMITTEES; THE
GOVERNOR
; THE STATE BOARD; AND THE DEPARTMENT.
(b) T
HE TASK FORCE SHALL PRESENT ITS FINDINGS AND
RECOMMENDATIONS TO THE REVIEW COMMITTEE DURING THE FIRST M EETING
OF THE REVIEW COMMITTEE IN
2024.
(8) A
NY MONEY APPROPRIATED TO THE DEPARTMENT FOR PURPOSES
OF THIS SECTION IS AVAILABLE THROUGH
DECEMBER 31, 2024.
(9) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 2. In Colorado Revised Statutes, 22-33-106, amend
PAGE 7-SENATE BILL 23-029 (1.2) introductory portion as follows:
22-33-106. Grounds for suspension, expulsion, and denial of
admission. (1.2) Each school district is encouraged to SHALL consider each
of the following factors before suspending or expelling a student pursuant
to a provision of
subsection (1) of this section:
SECTION 3. Appropriation. (1) For the 2023-24 state fiscal year,
$164,398 is appropriated to the department of education. This appropriation
is from the general fund and is based on an assumption that the department
will require an additional 0.5 FTE. To implement this act, the department
may use this appropriation for a school discipline task force.
(2) For the 2023-24 state fiscal year, $1,415 is appropriated to the
legislative department for use by the general assembly. This appropriation
is from the general fund. To implement this act, the general assembly may
use this appropriation for legislator per diem and travel reimbursement.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 8-SENATE BILL 23-029 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-SENATE BILL 23-029