Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0228.01 Chelsea Princell x4335
HOUSE BILL 24-1039
House Committees Senate Committees
Education 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:
SENATE
Amended 3rd Reading
April 1, 2024
SENATE
Amended 2nd Reading
March 28, 2024
HOUSE
3rd Reading Unamended
March 1, 2024
HOUSE
Amended 2nd Reading
February 23, 2024
HOUSE SPONSORSHIP
Vigil and Titone, Amabile, Bacon, Boesenecker, Brown, Clifford, deGruy Kennedy,
Froelich, Garcia, Hernandez, Herod, Joseph, Kipp, Lindsay, Lindstedt, Mabrey, Marshall,
Martinez, Marvin, Mauro, McCormick, McLachlan, Ortiz, Parenti, Rutinel, Sirota, Story,
Velasco, Weissman, Willford, Woodrow
SENATE SPONSORSHIP
Winter F. and Marchman, Bridges, Buckner, Cutter, Ginal, Gonzales, Hinrichsen, Jaquez
Lewis, Kolker, Michaelson Jenet, Zenzinger
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 22-1-144 as
2
follows:3
22-1-144. Use of a student's chosen name - definitions. (1) A
S
4
USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :5
(a) "C
HOSEN NAME" MEANS ANY NAME THAT A STUDENT
6
REQUESTS TO BE KNOWN AS THAT DIFFERS FROM THE STUDENT 'S LEGAL7
NAME, TO REFLECT THE STUDENT'S GENDER IDENTITY.8
(b) "G
ENDER IDENTITY" MEANS AN INDIVIDUAL'S INNATE SENSE OF
9
THE INDIVIDUAL'S OWN GENDER, WHICH MAY OR MAY NOT CORRESPOND10
WITH THE INDIVIDUAL'S SEX ASSIGNED AT BIRTH.11
(c) "L
OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A
12
CHARTER SCHOOL AUTHORIZED BY A SC HOOL DISTRICT PURSUANT TO PART13
1
OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY
14
THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE15
1039-2- 30.5 OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED1
AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT2
OPERATES ONE OR MORE PUBLIC SCHOOLS .3
(d) "P
UBLIC SCHOOL" MEANS AN ELEMENTARY SCHOOL , MIDDLE
4
SCHOOL, JUNIOR HIGH SCHOOL, HIGH SCHOOL, OR DISTRICT CHARTER5
SCHOOL OF A SCHOOL DISTRICT THAT ENROLLS STUDENTS IN ANY OF6
GRADES KINDERGARTEN THROUGH TWELVE OR AN INSTITUTE CHARTER7
SCHOOL THAT ENROLLS STUDENTS IN ANY OF GRADES KINDERGARTEN8
THROUGH TWELVE.9
(2) A
PUBLIC SCHOOL EMPLOYEE, EDUCATOR, AND CONTRACTOR
10
AS DEFINED IN SECTION 22-1-143 SHALL ADDRESS A STUDENT BY THE11
STUDENT'S CHOSEN NAME AND USE THE STUDENT 'S CHOSEN NAME IN12
SCHOOL AND DURING EXTRACURRICULAR ACTIVITIES .13
(3) U
NLESS DONE AT A STUDENT 'S REQUEST, KNOWINGLY OR
14
INTENTIONALLY USING A NAME OTHER THAN THE STUDENT 'S CHOSEN15
NAME OR THE KNOWING OR INTENTIONAL AVOIDANCE OR REFUSAL TO USE16
A STUDENT'S CHOSEN NAME IS DISCRIMINATORY .17
(4) A
STUDENT WHO IS SUBJECT TO DISCRIMINATION PURSUANT TO
18
SUBSECTION (3) OF THIS SECTION MAY FILE A REPORT WITH THE PUBLIC19
SCHOOL IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 22-1-14320
(2)
OR FILE A COMPLAINT UNDER THE PUBLIC SC HOOL 'S OR LOCAL
21
EDUCATION PROVIDER'S POLICY ADOPTED PURSUANT TO TITLE IX OF THE22
FEDERAL "EDUCATION AMENDMENTS OF 1972", 20 U.S.C. SECS. 1681 ET23
SEQ., AS AMENDED.24
(5) A
LOCAL EDUCATION PROVIDER SHALL IMPLEMENT A WRITTEN
25
POLICY OUTLINING HOW THE LOCAL EDUCATION PROVIDER WILL HONOR A26
STUDENT'S REQUEST TO USE A CHOSEN NAME AND MAY INCLUDE A27
1039
-3- PROCESS FOR INCLUDING A STUDENT 'S CHOSEN NAME ON SCHOOL1
RECORDS. A WRITTEN POLICY ADOPTED PURSUANT TO THIS SUBSECTION2
(5)
MUST COMPLY WITH THE FEDERAL "FAMILY EDUCATIONAL RIGHTS
3
AND PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g, AS AMENDED, AND4
SECTION 22-1-123.5
SECTION 2. In Colorado Revised Statutes, 22-1-143, add6
(1)(d)(IV) as follows:7
22-1-143. Harassment or discrimination - policy required -8
training and notification - definitions. (1) As used in this section,9
unless the context otherwise requires:10
(d) (IV) H
ARASSMENT OR DISCRIMINATION INCLUDES THE
11
KNOWING OR INTENTIONAL USE OF A NAME OTHER THAN A STUDENT 'S12
CHOSEN NAME, AS DEFINED IN SECTION 22-1-144 (1).13
SECTION 3. In Colorado Revised Statutes, 22-2-117, amend14
(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows: 15
22-2-117. Additional power - state board - waiver of16
requirements - rules. (1) (b) The state board shall not waive any of the17
requirements specified in any of the following statutory provisions:18
(IX) Any provisions of section 22-1-128 relating to19
comprehensive human sexuality education content requirements; or20
(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),21
22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)22
relating to discrimination based on hair texture, hair type, or a protective23
hairstyle that is commonly or historically associated with race;
OR
24
(XI) A
NY PROVISION OF SECTION 22-1-144 RELATING TO THE USE
25
OF A STUDENT'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-144 (1), IN A26
PUBLIC SCHOOL.27
1039
-4- SECTION 4. In Colorado Revised Statutes, 22-30.5-104, amend1
(6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows:2
22-30.5-104. Charter school - requirements - authority - rules3
- definitions. (6) (c) A school district, on behalf of a charter school, may4
apply to the state board for a waiver of a state statute or state rule that is5
not an automatic waiver. Notwithstanding any provision of this6
subsection (6) to the contrary, the state board may not waive any statute7
or rule relating to:8
(VIII) Section 22-33-106.1 concerning suspension and expulsion9
of students in preschool through second grade; or10
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)11
and 22-63-206 (1) relating to discrimination based on hair texture, hair12
type, or a protective hairstyle that is commonly or historically associated13
with race;
OR
14
(X) A
NY PROVISION OF SECTION 22-1-144 RELATING TO THE USE
15
OF A STUDENT'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-144 (1), IN A16
PUBLIC SCHOOL.17
SECTION 5. In Colorado Revised Statutes, 22-30.5-507, amend18
(7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows:19
22-30.5-507. Institute charter school - requirements -20
authority - rules - definitions. (7) (b) An institute charter school may21
apply to the state board, through the institute, for a waiver of state statutes22
and state rules that are not automatic waivers. The state board may waive23
state statutory requirements or rules promulgated by the state board;24
except that the state board may not waive any statute or rule relating to:25
(VIII) Section 22-33-106.1 concerning suspension and expulsion26
of students in preschool through second grade; or27
1039
-5- (IX) Subsection (3) of this section and sections 22-32-110 (1)(k)1
and 22-63-206 (1) relating to discrimination based on hair texture, hair2
type, or a protective hairstyle that is commonly or historically associated3
with race;
OR
4
(X) A
NY PROVISION OF SECTION 22-1-144 RELATING TO THE USE
5
OF A STUDENT'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-144 (1), IN A6
PUBLIC SCHOOL.7
SECTION 6. Safety clause. The general assembly finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety or for appropriations for10
the support and maintenance of the departments of the state and state11
institutions.12
1039
-6-