Colorado 2024 Regular Session

Colorado House Bill HB1039 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0228.01 Chelsea Princell x4335
18 HOUSE BILL 24-1039
2-BY REPRESENTATIVE(S) Vigil and Titone, Amabile, Bacon,
3-Boesenecker, Brown, Clifford, deGruy Kennedy, Froelich, Garcia,
4-Hernandez, Herod, Joseph, Kipp, Lindsay, Lindstedt, Mabrey, Marshall,
5-Martinez, Marvin, Mauro, McCormick, McLachlan, Ortiz, Parenti, Rutinel,
6-Sirota, Story, Velasco, Weissman, Willford, Woodrow, Valdez, McCluskie;
7-also SENATOR(S) Winter F. and Marchman, Bridges, Buckner, Cutter,
8-Ginal, Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Michaelson Jenet,
9-Zenzinger.
9+House Committees Senate Committees
10+Education Education
11+A BILL FOR AN ACT
1012 C
11-ONCERNING NON-LEGAL NAME CHANGES FOR STUDENTS IN SCHOOLS .
12-
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. In Colorado Revised Statutes, add 22-1-145 as
15-follows:
16-22-1-145. Use of a student's chosen name - definitions. (1) A
13+ONCERNING NON-LEGAL NAME CHANGES FOR STUDENTS IN SCHOOLS .101
14+Bill Summary
15+(Note: This summary applies to this bill as introduced and does
16+not reflect any amendments that may be subsequently adopted. If this bill
17+passes third reading in the house of introduction, a bill summary that
18+applies to the reengrossed version of this bill will be available at
19+http://leg.colorado.gov/
20+.)
21+Colorado Youth Advisory Council Review Committee. Section
22+1 of the bill:
23+! Requires public schools and institute charter schools
24+(school) to use a student's preferred name, if a preferred
25+name is requested by the student; and
26+! Deems a school's refusal to use a student's preferred name
27+a form of discrimination.
28+Section 2 of the bill:
29+SENATE
30+Amended 3rd Reading
31+April 1, 2024
32+SENATE
33+Amended 2nd Reading
34+March 28, 2024
35+HOUSE
36+3rd Reading Unamended
37+March 1, 2024
38+HOUSE
39+Amended 2nd Reading
40+February 23, 2024
41+HOUSE SPONSORSHIP
42+Vigil and Titone, Amabile, Bacon, Boesenecker, Brown, Clifford, deGruy Kennedy,
43+Froelich, Garcia, Hernandez, Herod, Joseph, Kipp, Lindsay, Lindstedt, Mabrey, Marshall,
44+Martinez, Marvin, Mauro, McCormick, McLachlan, Ortiz, Parenti, Rutinel, Sirota, Story,
45+Velasco, Weissman, Willford, Woodrow
46+SENATE SPONSORSHIP
47+Winter F. and Marchman, Bridges, Buckner, Cutter, Ginal, Gonzales, Hinrichsen, Jaquez
48+Lewis, Kolker, Michaelson Jenet, Zenzinger
49+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
50+Capital letters or bold & italic numbers indicate new material to be added to existing law.
51+Dashes through the words or numbers indicate deletions from existing law. ! Creates the non-legal name changes in schools task force
52+(task force) in the department of education (department)
53+consisting of 9 members appointed by the department to
54+examine existing school policies and provide
55+recommendations to schools on how to best implement
56+student non-legal name change policies;
57+! Requires the department to appoint members to the task
58+force by June 30, 2024;
59+! Requires the task force to submit a report to the department
60+detailing the recommended policy guidelines by January 1,
61+2025;
62+! Requires the department to publish the report on its website
63+and submit the report to the superintendent of each school
64+district and chief administrator of each institute charter
65+school by February 1, 2025;
66+! Requires a school to implement the task force's policy
67+recommendations by July 1, 2025; and
68+! Repeals the task force, effective July 1, 2026.
69+Be it enacted by the General Assembly of the State of Colorado:1
70+SECTION 1. In Colorado Revised Statutes, add 22-1-144 as
71+2
72+follows:3
73+22-1-144. Use of a student's chosen name - definitions. (1) A
1774 S
18-USED IN THIS SECTION
19-, UNLESS THE CONTEXT OTHERWISE REQUIRES :
75+4
76+USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :5
2077 (a) "C
21-HOSEN NAME" MEANS ANY NAME THAT A STUDENT REQUESTS
22-TO BE KNOWN AS THAT DIFFERS FROM THE STUDENT
23-'S LEGAL NAME, TO
24-REFLECT THE STUDENT
25-'S GENDER IDENTITY.
26-NOTE: This bill has been prepared for the signatures of the appropriate legislative
27-officers and the Governor. To determine whether the Governor has signed the bill
28-or taken other action on it, please consult the legislative status sheet, the legislative
29-history, or the Session Laws.
30-________
31-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32-through words or numbers indicate deletions from existing law and such material is not part of
33-the act. (b) "GENDER IDENTITY" MEANS AN INDIVIDUAL'S INNATE SENSE OF
34-THE INDIVIDUAL
35-'S OWN GENDER, WHICH MAY OR MAY NOT CORRESPOND
36-WITH THE INDIVIDUAL
37-'S SEX ASSIGNED AT BIRTH.
78+HOSEN NAME" MEANS ANY NAME THAT A STUDENT
79+6
80+REQUESTS TO BE KNOWN AS THAT DIFFERS FROM THE STUDENT 'S LEGAL7
81+NAME, TO REFLECT THE STUDENT'S GENDER IDENTITY.8
82+(b) "G
83+ENDER IDENTITY" MEANS AN INDIVIDUAL'S INNATE SENSE OF
84+9
85+THE INDIVIDUAL'S OWN GENDER, WHICH MAY OR MAY NOT CORRESPOND10
86+WITH THE INDIVIDUAL'S SEX ASSIGNED AT BIRTH.11
3887 (c) "L
3988 OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A
40-CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART
41-1 OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY
42-THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART
43-5 OF ARTICLE
44-30.5 OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED AND
45-OPERATING PURSUANT TO ARTICLE
46-5 OF THIS TITLE 22 THAT OPERATES ONE
47-OR MORE PUBLIC SCHOOLS
48-.
89+12
90+CHARTER SCHOOL AUTHORIZED BY A SC HOOL DISTRICT PURSUANT TO PART13
91+1
92+ OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY
93+14
94+THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE15
95+1039-2- 30.5 OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED1
96+AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT2
97+OPERATES ONE OR MORE PUBLIC SCHOOLS .3
4998 (d) "P
5099 UBLIC SCHOOL" MEANS AN ELEMENTARY SCHOOL , MIDDLE
51-SCHOOL
52-, JUNIOR HIGH SCHOOL, HIGH SCHOOL, OR DISTRICT CHARTER SCHOOL
53-OF A SCHOOL DISTRICT THAT ENROLLS STUDENTS IN ANY OF GRADES
54-KINDERGARTEN THROUGH TWELVE OR AN INSTITUTE CHARTER SCHOOL THAT
55-ENROLLS STUDENTS IN ANY OF GRADES KINDERGARTEN THROUGH TWELVE
56-.
100+4
101+SCHOOL, JUNIOR HIGH SCHOOL, HIGH SCHOOL, OR DISTRICT CHARTER5
102+SCHOOL OF A SCHOOL DISTRICT THAT ENROLLS STUDENTS IN ANY OF6
103+GRADES KINDERGARTEN THROUGH TWELVE OR AN INSTITUTE CHARTER7
104+SCHOOL THAT ENROLLS STUDENTS IN ANY OF GRADES KINDERGARTEN8
105+THROUGH TWELVE.9
57106 (2) A
58- PUBLIC SCHOOL EMPLOYEE, EDUCATOR, AND CONTRACTOR AS
59-DEFINED IN SECTION
60-22-1-143 SHALL ADDRESS A STUDENT BY THE STUDENT'S
61-CHOSEN NAME AND USE THE STUDENT
62-'S CHOSEN NAME IN SCHOOL AND
63-DURING EXTRACURRICULAR ACTIVITIES
64-.
107+ PUBLIC SCHOOL EMPLOYEE, EDUCATOR, AND CONTRACTOR
108+10
109+AS DEFINED IN SECTION 22-1-143 SHALL ADDRESS A STUDENT BY THE11
110+STUDENT'S CHOSEN NAME AND USE THE STUDENT 'S CHOSEN NAME IN12
111+SCHOOL AND DURING EXTRACURRICULAR ACTIVITIES .13
65112 (3) U
66113 NLESS DONE AT A STUDENT 'S REQUEST, KNOWINGLY OR
67-INTENTIONALLY USING A NAME OTHER THAN THE STUDENT
68-'S CHOSEN NAME
69-OR THE KNOWING OR INTENTIONAL AVOIDANCE OR REFUSAL TO USE A
70-STUDENT
71-'S CHOSEN NAME IS DISCRIMINATORY .
114+14
115+INTENTIONALLY USING A NAME OTHER THAN THE STUDENT 'S CHOSEN15
116+NAME OR THE KNOWING OR INTENTIONAL AVOIDANCE OR REFUSAL TO USE16
117+A STUDENT'S CHOSEN NAME IS DISCRIMINATORY .17
72118 (4) A
73119 STUDENT WHO IS SUBJECT TO DISCRIMINATION PURSUANT TO
74-SUBSECTION
75-(3) OF THIS SECTION MAY FILE A REPORT WITH THE PUBLIC
76-SCHOOL IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION
77-22-1-143 (2)
78-OR FILE A COMPLAINT UNDER THE PUBLIC SCHOOL 'S OR LOCAL EDUCATION
79-PROVIDER
80-'S POLICY ADOPTED PURSUANT TO TITLE IX OF THE FEDERAL
81-"EDUCATION AMENDMENTS OF 1972", 20 U.S.C. SECS. 1681 ET SEQ., AS
82-AMENDED
83-.
120+18
121+SUBSECTION (3) OF THIS SECTION MAY FILE A REPORT WITH THE PUBLIC19
122+SCHOOL IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 22-1-14320
123+(2)
124+ OR FILE A COMPLAINT UNDER THE PUBLIC SC HOOL 'S OR LOCAL
125+21
126+EDUCATION PROVIDER'S POLICY ADOPTED PURSUANT TO TITLE IX OF THE22
127+FEDERAL "EDUCATION AMENDMENTS OF 1972", 20 U.S.C. SECS. 1681 ET23
128+SEQ., AS AMENDED.24
84129 (5) A
85130 LOCAL EDUCATION PROVIDER SHALL IMPLEMENT A WRITTEN
86-POLICY OUTLINING HOW THE LOCAL EDUCATION PROVIDER WILL HONOR A
87-STUDENT
88-'S REQUEST TO USE A CHOSEN NAME AND MAY INCLUDE A PROCESS
89-PAGE 2-HOUSE BILL 24-1039 FOR INCLUDING A STUDENT 'S CHOSEN NAME ON SCHOOL RECORDS . A
90-WRITTEN POLICY ADOPTED PURSUANT TO THIS SUBSECTION (5) MUST
91-COMPLY WITH THE FEDERAL
92-"FAMILY EDUCATIONAL RIGHTS AND PRIVACY
93-ACT OF 1974", 20 U.S.C. SEC. 1232g, AS AMENDED, AND SECTION 22-1-123.
94-SECTION 2. In Colorado Revised Statutes, 22-1-143, add
95-(1)(d)(IV) as follows:
96-22-1-143. Harassment or discrimination - policy required -
97-training and notification - definitions. (1) As used in this section, unless
98-the context otherwise requires:
131+25
132+POLICY OUTLINING HOW THE LOCAL EDUCATION PROVIDER WILL HONOR A26
133+STUDENT'S REQUEST TO USE A CHOSEN NAME AND MAY INCLUDE A27
134+1039
135+-3- PROCESS FOR INCLUDING A STUDENT 'S CHOSEN NAME ON SCHOOL1
136+RECORDS. A WRITTEN POLICY ADOPTED PURSUANT TO THIS SUBSECTION2
137+(5)
138+ MUST COMPLY WITH THE FEDERAL "FAMILY EDUCATIONAL RIGHTS
139+3
140+AND PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g, AS AMENDED, AND4
141+SECTION 22-1-123.5
142+SECTION 2. In Colorado Revised Statutes, 22-1-143, add6
143+(1)(d)(IV) as follows:7
144+22-1-143. Harassment or discrimination - policy required -8
145+training and notification - definitions. (1) As used in this section,9
146+unless the context otherwise requires:10
99147 (d) (IV) H
100-ARASSMENT OR DISCRIMINATION INCLUDES THE KNOWING
101-OR INTENTIONAL USE OF A NAME OTHER THAN A STUDENT
102-'S CHOSEN NAME,
103-AS DEFINED IN SECTION 22-1-145 (1).
104-SECTION 3. In Colorado Revised Statutes, 22-2-117, amend
105-(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows:
106-22-2-117. Additional power - state board - waiver of
107-requirements - rules. (1) (b) The state board shall not waive any of the
108-requirements specified in any of the following statutory provisions:
109-(IX) Any provisions of section 22-1-128 relating to comprehensive
110-human sexuality education content requirements; or
111-(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),
112-22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)
113-relating to discrimination based on hair texture, hair type, or a protective
148+ARASSMENT OR DISCRIMINATION INCLUDES THE
149+11
150+KNOWING OR INTENTIONAL USE OF A NAME OTHER THAN A STUDENT 'S12
151+CHOSEN NAME, AS DEFINED IN SECTION 22-1-144 (1).13
152+SECTION 3. In Colorado Revised Statutes, 22-2-117, amend14
153+(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows: 15
154+22-2-117. Additional power - state board - waiver of16
155+requirements - rules. (1) (b) The state board shall not waive any of the17
156+requirements specified in any of the following statutory provisions:18
157+(IX) Any provisions of section 22-1-128 relating to19
158+comprehensive human sexuality education content requirements; or20
159+(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),21
160+22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)22
161+relating to discrimination based on hair texture, hair type, or a protective23
114162 hairstyle that is commonly or historically associated with race;
115163 OR
116-(XI) ANY PROVISION OF SECTION 22-1-145 RELATING TO THE USE OF
117-A STUDENT
118-'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-145 (1), IN A
119-PUBLIC SCHOOL
120-.
121-SECTION 4. In Colorado Revised Statutes, 22-30.5-104, amend
122-(6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows:
123-22-30.5-104. Charter school - requirements - authority - rules -
124-definitions. (6) (c) A school district, on behalf of a charter school, may
125-PAGE 3-HOUSE BILL 24-1039 apply to the state board for a waiver of a state statute or state rule that is not
126-an automatic waiver. Notwithstanding any provision of this subsection (6)
127-to the contrary, the state board may not waive any statute or rule relating to:
128-(VIII) Section 22-33-106.1 concerning suspension and expulsion of
129-students in preschool through second grade; or
130-(IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and
131-22-63-206 (1) relating to discrimination based on hair texture, hair type, or
132-a protective hairstyle that is commonly or historically associated with race;
164+24
165+(XI) A
166+NY PROVISION OF SECTION 22-1-144 RELATING TO THE USE
167+25
168+OF A STUDENT'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-144 (1), IN A26
169+PUBLIC SCHOOL.27
170+1039
171+-4- SECTION 4. In Colorado Revised Statutes, 22-30.5-104, amend1
172+(6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows:2
173+22-30.5-104. Charter school - requirements - authority - rules3
174+- definitions. (6) (c) A school district, on behalf of a charter school, may4
175+apply to the state board for a waiver of a state statute or state rule that is5
176+not an automatic waiver. Notwithstanding any provision of this6
177+subsection (6) to the contrary, the state board may not waive any statute7
178+or rule relating to:8
179+(VIII) Section 22-33-106.1 concerning suspension and expulsion9
180+of students in preschool through second grade; or10
181+(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)11
182+and 22-63-206 (1) relating to discrimination based on hair texture, hair12
183+type, or a protective hairstyle that is commonly or historically associated13
184+with race;
133185 OR
134-(X) ANY PROVISION OF SECTION 22-1-145 RELATING TO THE USE OF
135-A STUDENT
136-'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-145 (1), IN A
137-PUBLIC SCHOOL
138-.
139-SECTION 5. In Colorado Revised Statutes, 22-30.5-507, amend
140-(7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows:
141-22-30.5-507. Institute charter school - requirements - authority
142-- rules - definitions. (7) (b) An institute charter school may apply to the
143-state board, through the institute, for a waiver of state statutes and state
144-rules that are not automatic waivers. The state board may waive state
145-statutory requirements or rules promulgated by the state board; except that
146-the state board may not waive any statute or rule relating to:
147-(VIII) Section 22-33-106.1 concerning suspension and expulsion of
148-students in preschool through second grade; or
149-(IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and
150-22-63-206 (1) relating to discrimination based on hair texture, hair type, or
151-a protective hairstyle that is commonly or historically associated with race;
186+14
187+(X) A
188+NY PROVISION OF SECTION 22-1-144 RELATING TO THE USE
189+15
190+OF A STUDENT'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-144 (1), IN A16
191+PUBLIC SCHOOL.17
192+SECTION 5. In Colorado Revised Statutes, 22-30.5-507, amend18
193+(7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows:19
194+22-30.5-507. Institute charter school - requirements -20
195+authority - rules - definitions. (7) (b) An institute charter school may21
196+apply to the state board, through the institute, for a waiver of state statutes22
197+and state rules that are not automatic waivers. The state board may waive23
198+state statutory requirements or rules promulgated by the state board;24
199+except that the state board may not waive any statute or rule relating to:25
200+(VIII) Section 22-33-106.1 concerning suspension and expulsion26
201+of students in preschool through second grade; or27
202+1039
203+-5- (IX) Subsection (3) of this section and sections 22-32-110 (1)(k)1
204+and 22-63-206 (1) relating to discrimination based on hair texture, hair2
205+type, or a protective hairstyle that is commonly or historically associated3
206+with race;
152207 OR
153-(X) ANY PROVISION OF SECTION 22-1-145 RELATING TO THE USE OF
154-A STUDENT
155-'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-145 (1), IN A
156-PUBLIC SCHOOL
157-.
158-SECTION 6. Safety clause. The general assembly finds,
159-determines, and declares that this act is necessary for the immediate
160-PAGE 4-HOUSE BILL 24-1039 preservation of the public peace, health, or safety or for appropriations for
161-the support and maintenance of the departments of the state and state
162-institutions.
163-____________________________ ____________________________
164-Julie McCluskie Steve Fenberg
165-SPEAKER OF THE HOUSE PRESIDENT OF
166-OF REPRESENTATIVES THE SENATE
167-____________________________ ____________________________
168-Robin Jones Cindi L. Markwell
169-CHIEF CLERK OF THE HOUSE SECRETARY OF
170-OF REPRESENTATIVES THE SENATE
171- APPROVED________________________________________
172- (Date and Time)
173- _________________________________________
174- Jared S. Polis
175- GOVERNOR OF THE STATE OF COLORADO
176-PAGE 5-HOUSE BILL 24-1039
208+4
209+(X) A
210+NY PROVISION OF SECTION 22-1-144 RELATING TO THE USE
211+5
212+OF A STUDENT'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-144 (1), IN A6
213+PUBLIC SCHOOL.7
214+SECTION 6. Safety clause. The general assembly finds,8
215+determines, and declares that this act is necessary for the immediate9
216+preservation of the public peace, health, or safety or for appropriations for10
217+the support and maintenance of the departments of the state and state11
218+institutions.12
219+1039
220+-6-