HOUSE BILL 24-1039
BY REPRESENTATIVE(S) 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, Valdez, McCluskie;
also SENATOR(S) Winter F. and Marchman, Bridges, Buckner, Cutter,
Ginal, Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Michaelson Jenet,
Zenzinger.
C
ONCERNING NON-LEGAL NAME CHANGES FOR STUDENTS IN SCHOOLS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 22-1-145 as
follows:
22-1-145. Use of a student's chosen name - definitions. (1) A
S
USED IN THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "C
HOSEN NAME" MEANS ANY NAME THAT A STUDENT REQUESTS
TO BE KNOWN AS THAT DIFFERS FROM THE STUDENT
'S LEGAL NAME, TO
REFLECT THE STUDENT
'S GENDER IDENTITY.
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. (b) "GENDER IDENTITY" MEANS AN INDIVIDUAL'S INNATE SENSE OF
THE INDIVIDUAL
'S OWN GENDER, WHICH MAY OR MAY NOT CORRESPOND
WITH THE INDIVIDUAL
'S SEX ASSIGNED AT BIRTH.
(c) "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 BOARD OF COOPERATIVE SERVICES CREATED AND
OPERATING PURSUANT TO ARTICLE
5 OF THIS TITLE 22 THAT OPERATES ONE
OR MORE PUBLIC SCHOOLS
.
(d) "P
UBLIC SCHOOL" MEANS AN ELEMENTARY SCHOOL , MIDDLE
SCHOOL
, JUNIOR HIGH SCHOOL, HIGH SCHOOL, OR DISTRICT CHARTER SCHOOL
OF A SCHOOL DISTRICT THAT ENROLLS STUDENTS IN ANY OF GRADES
KINDERGARTEN THROUGH TWELVE OR AN INSTITUTE CHARTER SCHOOL THAT
ENROLLS STUDENTS IN ANY OF GRADES KINDERGARTEN THROUGH TWELVE
.
(2) A
PUBLIC SCHOOL EMPLOYEE, EDUCATOR, AND CONTRACTOR AS
DEFINED IN SECTION
22-1-143 SHALL ADDRESS A STUDENT BY THE STUDENT'S
CHOSEN NAME AND USE THE STUDENT
'S CHOSEN NAME IN SCHOOL AND
DURING EXTRACURRICULAR ACTIVITIES
.
(3) U
NLESS DONE AT A STUDENT 'S REQUEST, KNOWINGLY OR
INTENTIONALLY USING A NAME OTHER THAN THE STUDENT
'S CHOSEN NAME
OR THE KNOWING OR INTENTIONAL AVOIDANCE OR REFUSAL TO USE A
STUDENT
'S CHOSEN NAME IS DISCRIMINATORY .
(4) A
STUDENT WHO IS SUBJECT TO DISCRIMINATION PURSUANT TO
SUBSECTION
(3) OF THIS SECTION MAY FILE A REPORT WITH THE PUBLIC
SCHOOL IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION
22-1-143 (2)
OR FILE A COMPLAINT UNDER THE PUBLIC SCHOOL 'S OR LOCAL EDUCATION
PROVIDER
'S POLICY ADOPTED PURSUANT TO TITLE IX OF THE FEDERAL
"EDUCATION AMENDMENTS OF 1972", 20 U.S.C. SECS. 1681 ET SEQ., AS
AMENDED
.
(5) A
LOCAL EDUCATION PROVIDER SHALL IMPLEMENT A WRITTEN
POLICY OUTLINING HOW THE LOCAL EDUCATION PROVIDER WILL HONOR A
STUDENT
'S REQUEST TO USE A CHOSEN NAME AND MAY INCLUDE A PROCESS
PAGE 2-HOUSE BILL 24-1039 FOR INCLUDING A STUDENT 'S CHOSEN NAME ON SCHOOL RECORDS . A
WRITTEN POLICY ADOPTED PURSUANT TO THIS SUBSECTION (5) MUST
COMPLY WITH THE FEDERAL
"FAMILY EDUCATIONAL RIGHTS AND PRIVACY
ACT OF 1974", 20 U.S.C. SEC. 1232g, AS AMENDED, AND SECTION 22-1-123.
SECTION 2. In Colorado Revised Statutes, 22-1-143, add
(1)(d)(IV) as follows:
22-1-143. Harassment or discrimination - policy required -
training and notification - definitions. (1) As used in this section, unless
the context otherwise requires:
(d) (IV) H
ARASSMENT OR DISCRIMINATION INCLUDES THE KNOWING
OR INTENTIONAL USE OF A NAME OTHER THAN A STUDENT
'S CHOSEN NAME,
AS DEFINED IN SECTION 22-1-145 (1).
SECTION 3. In Colorado Revised Statutes, 22-2-117, amend
(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows:
22-2-117. Additional power - state board - waiver of
requirements - rules. (1) (b) The state board shall not waive any of the
requirements specified in any of the following statutory provisions:
(IX) Any provisions of section 22-1-128 relating to comprehensive
human sexuality education content requirements; or
(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),
22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)
relating to discrimination based on hair texture, hair type, or a protective
hairstyle that is commonly or historically associated with race;
OR
(XI) ANY PROVISION OF SECTION 22-1-145 RELATING TO THE USE OF
A STUDENT
'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-145 (1), IN A
PUBLIC SCHOOL
.
SECTION 4. In Colorado Revised Statutes, 22-30.5-104, amend
(6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows:
22-30.5-104. Charter school - requirements - authority - rules -
definitions. (6) (c) A school district, on behalf of a charter school, may
PAGE 3-HOUSE BILL 24-1039 apply to the state board for a waiver of a state statute or state rule that is not
an automatic waiver. Notwithstanding any provision of this subsection (6)
to the contrary, the state board may not waive any statute or rule relating to:
(VIII) Section 22-33-106.1 concerning suspension and expulsion of
students in preschool through second grade; or
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and
22-63-206 (1) relating to discrimination based on hair texture, hair type, or
a protective hairstyle that is commonly or historically associated with race;
OR
(X) ANY PROVISION OF SECTION 22-1-145 RELATING TO THE USE OF
A STUDENT
'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-145 (1), IN A
PUBLIC SCHOOL
.
SECTION 5. In Colorado Revised Statutes, 22-30.5-507, amend
(7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows:
22-30.5-507. Institute charter school - requirements - authority
- rules - definitions. (7) (b) An institute charter school may apply to the
state board, through the institute, for a waiver of state statutes and state
rules that are not automatic waivers. The state board may waive state
statutory requirements or rules promulgated by the state board; except that
the state board may not waive any statute or rule relating to:
(VIII) Section 22-33-106.1 concerning suspension and expulsion of
students in preschool through second grade; or
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and
22-63-206 (1) relating to discrimination based on hair texture, hair type, or
a protective hairstyle that is commonly or historically associated with race;
OR
(X) ANY PROVISION OF SECTION 22-1-145 RELATING TO THE USE OF
A STUDENT
'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-145 (1), IN A
PUBLIC SCHOOL
.
SECTION 6. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 4-HOUSE BILL 24-1039 preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 24-1039