Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0228.01 Chelsea Princell x4335 HOUSE BILL 24-1039 House Committees Senate Committees Education A BILL FOR AN ACT C ONCERNING NON-LEGAL NAME CHANGES FOR STUDENTS IN SCHOOLS .101 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 Review Committee. Section 1 of the bill: ! Requires public schools and institute charter schools (school) to use a student's preferred name, if a preferred name is requested by the student; and ! Deems a school's refusal to use a student's preferred name a form of discrimination. Section 2 of the bill: HOUSE SPONSORSHIP Vigil, SENATE SPONSORSHIP Winter F. and Marchman, 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. ! Creates the non-legal name changes in schools task force (task force) in the department of education (department) consisting of 9 members appointed by the department to examine existing school policies and provide recommendations to schools on how to best implement student non-legal name change policies; ! Requires the department to appoint members to the task force by June 30, 2024; ! Requires the task force to submit a report to the department detailing the recommended policy guidelines by January 1, 2025; ! Requires the department to publish the report on its website and submit the report to the superintendent of each school district and chief administrator of each institute charter school by February 1, 2025; ! Requires a school to implement the task force's policy recommendations by July 1, 2025; and ! Repeals the task force, effective July 1, 2026. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add article 39 to title2 22 as follows:3 ARTICLE 394 Use of a Preferred Name for a Student5 22-39-101. Use of a preferred name for a student - definition.6 (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE7 REQUIRES, "PREFERRED NAME" MEANS ANY NAME THAT A STUDENT8 REQUESTS TO BE KNOWN AS THAT IS DIFFERENT FROM THE STUDENT 'S9 LEGAL NAME.10 (2) A PUBLIC SCHOOL OR INSTITUTE CHARTER SCHOOL SHALL11 ADDRESS A STUDENT BY THE STUDENT 'S PREFERRED NAME AND USE THE12 STUDENT'S PREFERRED NAME IN SCHOOL ; DURING EXTRACURRICULAR13 ACTIVITIES; AND ON ROSTERS, ATTENDANCE LISTS, YEARBOOKS, STUDENT14 IDENTIFICATION CARDS, AND ANY OTHER UNOFFICIAL SCHOOL RECORDING15 HB24-1039-2- REQUESTED BY THE STUDENT WITHOUT REQUIRING THE STUDENT TO1 OBTAIN A COURT-ORDERED NAME OR GENDER CHANGE OR TO CHANGE THE2 STUDENT'S OFFICIAL RECORDS. A SCHOOL'S REFUSAL TO RESPECT A3 STUDENT'S REQUEST TO USE A PREFERRED NAME IS DISCRIMINATORY .4 S UCH A REFUSAL INCLUDES THE REFUSAL TO USE A STUDENT 'S PREFERRED5 NAME IN SCHOOL; DURING EXTRACURRICULAR ACTIVITIES ; AND ON6 ROSTERS, ATTENDANCE LISTS, YEARBOOKS, STUDENT IDENTIFICATION7 CARDS, AND ANY OTHER UNOFFICIAL SCHOOL RECORDING THE STUDENT8 REQUESTS A PREFERRED NAME TO BE USED FOR WITHOUT REQUIRING THE9 STUDENT TO OBTAIN A COURT-ORDERED NAME OR GENDER CHANGE OR TO10 CHANGE THE STUDENT'S OFFICIAL RECORDS.11 SECTION 2. In Colorado Revised Statutes, add article 108 to12 title 22 as follows:13 ARTICLE 10814 Non-legal Name Changes in Schools Task Force15 22-108-101. Non-legal name changes in schools task force -16 created - appointments - report - definitions - repeal. (1) A S USED IN17 THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :18 (a) "D EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION19 CREATED AND EXISTING PURSUANT TO SECTION 24-1-115.20 (b) "R URAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT IN21 C OLORADO THAT THE DEPARTMENT D ETERMINES IS RURAL BASED ON THE22 GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE23 SCHOOL DISTRICT FROM THE NEAREST LARGE , URBANIZED AREA.24 (c) "T ASK FORCE" MEANS THE NON-LEGAL NAME CHANGES IN25 SCHOOLS TASK FORCE CREATED IN SUBSECTION (2) OF THIS SECTION.26 (2) T HE NON-LEGAL NAME CHANGES IN SC HOOLS TASK FORCE IS27 HB24-1039 -3- CREATED IN THE DEPARTMENT TO EXAMINE EXISTING SCHOOL POLICIES1 REGARDING STUDENT NON -LEGAL NAME CHANGES AND PROVIDE POLICY2 IMPLEMENTATION RECOMMENDATIONS FOR SCHOOL DISTRICTS AND3 INSTITUTE CHARTER SCHOOLS TO IMPLEMENT STUDENT NON -LEGAL NAME4 CHANGE POLICIES.5 (3) T HE TASK FORCE CONSISTS OF THE FOLLOWING :6 (a) T WO MEMBERS WHO ARE SUPERINTENDENTS . AT A MINIMUM,7 ONE SUPERINTENDENT MUST BE FROM A RURAL SCHOOL DISTRICT .8 (b) T WO MEMBERS WHO ARE CHIEF ADMINISTRATORS OF AN9 INSTITUTE CHARTER SCHOOL. AT A MINIMUM, ONE CHIEF ADMINISTRATOR10 MUST BE FROM AN INSTITUTE CHARTER SCHOOL LOCATED IN A RURAL11 AREA.12 (c) O NE MEMBER WHO IS A REPRESENTATIVE OF THE DEPARTMENT ;13 (d) T WO MEMBERS WHO ARE SCHOOL COUNSELORS . AT A14 MINIMUM, ONE SCHOOL COUNSELOR MUST BE FROM A RURAL SCHOOL15 DISTRICT.16 (e) O NE MEMBER WHO IS A PRIMARY SCHOOL TEACHER ; AND17 (f) O NE MEMBER WHO IS A SECONDARY SCHOOL TEACHER .18 (4) N O LATER THAN JUNE 30, 2024, THE DEPARTMENT SHALL MAKE19 ALL APPOINTMENTS TO THE TASK FORCE AND SCHEDULE THE FIRST20 MEETING FOR THE TASK FORCE. THE TASK FORCE SHALL APPOINT A CHAIR21 OF THE TASK FORCE AT ITS FIRST MEETING.22 (5) T HE MEMBERS OF THE TASK FORCE SERVE WITHOUT23 COMPENSATION BUT MAY BE REIMBURSED FOR ANY REASONABLE24 EXPENSES THEY INCUR IN THE PERFORMANCE OF THEIR DUTIES PURSUANT25 TO THIS SECTION.26 (6) T HE TASK FORCE SHALL MEET AT THE CALL OF THE CHAIR AT27 HB24-1039 -4- LEAST THREE TIMES FROM JULY 2024 THROUGH DECEMBER 2024.1 (7) T HE TASK FORCE SHALL, AT A MINIMUM, ANALYZE AND2 DETERMINE THE FOLLOWING :3 (a) G UIDELINES FOR COMMUNICATION PLANS FOR A STUDENT WHO4 DOES NOT GO BY THE STUDENT 'S PREFERRED NAME IN THE STUDENT 'S5 HOME;6 (b) P ROCEDURES RELATED TO PARENTAL NOTIFICATION ;7 (c) A PROCESS FOR UPDATING UNOFFICIAL SCHOOL RECORDS WITH8 A STUDENT'S PREFERRED NAME; AND9 (d) A NY OTHER TOPIC THAT THE TASK FORCE BELIEVES IS10 NECESSARY TO ADEQUATELY PROVIDE GUI DANCE AND RECOMMENDATIONS11 TO SCHOOL DISTRICTS AND INSTITUTE CHARTER SC HOOLS IN12 IMPLEMENTING NON-LEGAL NAME CHANGE POLICIES.13 (8) O N OR BEFORE JANUARY 1, 2025, THE TASK FORCE SHALL14 SUBMIT A REPORT TO THE DEPARTMENT THAT DETAILS THE RECOMMENDED15 GUIDELINES PURSUANT TO SUBSECTION (2) OF THIS SECTION.16 (9) O N OR BEFORE FEBRUARY 1, 2025, THE DEPARTMENT SHALL17 PUBLISH THE REPORT RECEIVED PURSUANT TO SUBSECTION (8) OF THIS18 SECTION ON ITS WEBSITE AND SUBMIT THE REPORT TO THE19 SUPERINTENDENT OF EACH SCHOOL DISTRICT AND THE CHIEF20 ADMINISTRATOR OF EACH INSTITUTE CHARTER SCHOOL .21 (10) N O LATER THAN JULY 1, 2025, A PUBLIC SCHOOL OR22 INSTITUTE CHARTER SCHOOL SHALL IMPLEMENT THE POLICY23 RECOMMENDATIONS RECEIVED PURSUANT TO SUBSECTION (9) OF THIS24 SECTION.25 (11) T HIS ARTICLE 108 IS REPEALED, EFFECTIVE JULY 1, 2026.26 SECTION 3. Safety clause. The general assembly finds,27 HB24-1039 -5- determines, and declares that this act is necessary for the immediate1 preservation of the public peace, health, or safety or for appropriations for2 the support and maintenance of the departments of the state and state3 institutions.4 HB24-1039 -6-