Colorado 2024 2024 Regular Session

Colorado House Bill HB1039 Introduced / Bill

Filed 01/10/2024

                    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-