Second 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. 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 Amended 2nd Reading February 23, 2024 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, 22-2-117, amend2 (1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) and (7) as follows:3 22-2-117. Additional power - state board - waiver of4 requirements - rules - definitions. (1) (b) The state board shall not5 waive any of the requirements specified in any of the following statutory6 provisions:7 (IX) Any provisions of section 22-1-128 relating to8 comprehensive human sexuality education content requirements; or9 (X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),10 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)11 relating to discrimination based on hair texture, hair type, or a protective12 hairstyle that is commonly or historically associated with race; OR13 (XI) ANY PROVISION OF SECTION 22-32-109 (1)(ll), 22-32-11014 (1)(k), 22-38-104 (1)(d), OR 22-63-206 (1) RELATING TO DISCRIMINATION15 1039-2- BASED ON GENDER EXPRESSION THROUGH THE USE OF A CHOSEN NAME .1 (7) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE2 REQUIRES:3 (a) "CHOSEN NAME" MEANS ANY NAME THAT AN INDIVIDUAL4 REQUESTS TO BE KNOWN AS, OTHER THAN THE INDIVIDUAL'S LEGAL NAME,5 TO REFLECT THAT INDIVIDUAL'S GENDER IDENTITY.6 (b) "GENDER EXPRESSION" MEANS AN INDIVIDUAL'S WAY OF7 REFLECTING AND EXPRESSING THE INDIVIDUAL'S GENDER TO THE OUTSIDE8 WORLD, TYPICALLY DEMONSTRATED THROUGH APPEARANCE, DRESS, AND9 BEHAVIOR, OR USE OF A CHOSEN NAME.10 SECTION 2. In Colorado Revised Statutes, 22-32-109, amend11 (1)(ll)(II); and add (1)(ll)(I.5) as follows:12 22-32-109. Board of education - specific duties - definitions.13 (1) In addition to any other duty required to be performed by law, each14 board of education has the following specific duties:15 (ll) (I.5) A SCHOOL'S WRITTEN POLICY ADOPTED PURSUANT TO16 SUBSECTION (1)(ll)(I) OF THIS SECTION MUST SPECIFY THAT A KNOWING OR17 INTENTIONAL USE OF A NAME OTHER THAN A STUDENT'S CHOSEN NAME IS18 DISCRIMINATORY.19 (II) As used in this subsection (1)(ll):20 (A) "CHOSEN NAME" MEANS ANY NAME THAT AN INDIVIDUAL21 REQUESTS TO BE KNOWN AS, OTHER THAN THE INDIVIDUAL'S LEGAL NAME,22 TO REFLECT THAT INDIVIDUAL'S GENDER IDENTITY.23 (B) "GENDER EXPRESSION" MEANS AN INDIVIDUAL'S WAY OF24 REFLECTING AND EXPRESSING THE INDIVIDUAL'S GENDER TO THE OUTSIDE25 WORLD, TYPICALLY DEMONSTRATED THROUGH APPEARANCE, DRESS, AND26 BEHAVIOR, OR USE OF A CHOSEN NAME.27 1039 -3- (A) (C) "Protective hairstyle" includes such hairstyles as braids,1 locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and2 headwraps.3 (B) (D) "Race" includes hair texture, hair type, or a protective4 hairstyle that is commonly or historically associated with race.5 SECTION 3. In Colorado Revised Statutes, 22-38-104, amend6 (1)(d)(II); and add (1)(d)(I.5) as follows:7 22-38-104. Pilot schools - requirements - authority -8 definitions. (1) The state board may provide for the establishment and9 operation of not more than one full-time residential pilot school and not10 more than three year-round nonresidential pilot schools pursuant to the11 following provisions:12 (d) (I.5) A PILOT SCHOOL'S WRITTEN POLICY MUST SPECIFY THAT13 A KNOWING OR INTENTIONAL USE OF A NAME OTHER THAN A STUDENT'S14 CHOSEN NAME IS DISCRIMINATORY .15 (II) As used in this subsection (1)(d):16 (A) "CHOSEN NAME" MEANS ANY NAME THAT AN INDIVIDUAL17 REQUESTS TO BE KNOWN AS, OTHER THAN THE INDIVIDUAL'S LEGAL NAME,18 TO REFLECT THAT INDIVIDUAL'S GENDER IDENTITY.19 (B) "GENDER EXPRESSION" MEANS AN INDIVIDUAL'S WAY OF20 REFLECTING AND EXPRESSING THE INDIVIDUAL'S GENDER TO THE OUTSIDE21 WORLD, TYPICALLY DEMONSTRATED THROUGH APPEARANCE, DRESS, AND22 BEHAVIOR, OR USE OF A CHOSEN NAME.23 (A) (C) "Protective hairstyle" includes such hairstyles as braids,24 locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and25 headwraps.26 (B) (D) "Race" includes hair texture, hair type, or a protective27 1039 -4- hairstyle that is commonly or historically associated with race.1 SECTION 4. In Colorado Revised Statutes, 24-34-301, amend2 (9); and add (3.5) as follows:3 24-34-301. Definitions. As used in parts 3 to 10 of this article 34,4 unless the context otherwise requires:5 (3.5) "CHOSEN NAME" MEANS ANY NAME THAT AN INDIVIDUAL6 REQUESTS TO BE KNOWN AS, OTHER THAN THE INDIVIDUAL'S LEGAL NAME,7 TO REFLECT THAT INDIVIDUAL'S GENDER IDENTITY.8 (9) "Gender expression" means an individual's way of reflecting9 and expressing the individual's gender to the outside world, typically10 demonstrated through appearance, dress, and behavior, OR USE OF A11 CHOSEN NAME.12 SECTION 5. Safety clause. The general assembly finds,13 determines, and declares that this act is necessary for the immediate14 preservation of the public peace, health, or safety or for appropriations for15 the support and maintenance of the departments of the state and state16 institutions.17 1039 -5-