2 | | - | BY REPRESENTATIVE(S) Herod and Ricks, Amabile, Bacon, Bird, |
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3 | | - | Boesenecker, Brown, deGruy Kennedy, Duran, English, Epps, Garcia, |
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4 | | - | Hernandez, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, |
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5 | | - | Martinez, Marvin, Mauro, Ortiz, Parenti, Rutinel, Sirota, Snyder, Story, |
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6 | | - | Titone, Velasco, Weissman, Willford, Woodrow, Young, McCluskie; |
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7 | | - | also SENATOR(S) Buckner and Coleman, Bridges, Cutter, Exum, Fields, |
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8 | | - | Ginal, Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Michaelson Jenet, |
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9 | | - | Mullica, Priola, Roberts, Sullivan. |
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| 9 | + | House Committees Senate Committees |
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| 10 | + | State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs |
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| 11 | + | A BILL FOR AN ACT |
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11 | | - | ONCERNING PROTECTIONS AGAINST DISCRIMINATION BASED ON HAIR |
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12 | | - | LENGTH THAT IS ASSOCIATED WITH ONE |
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13 | | - | 'S RACE. |
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14 | | - | |
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15 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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16 | | - | SECTION 1. In Colorado Revised Statutes, 22-2-117, amend |
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17 | | - | (1)(b)(X) as follows: |
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18 | | - | 22-2-117. Additional power - state board - waiver of |
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19 | | - | requirements - rules. (1) (b) The state board shall not waive any of the |
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20 | | - | requirements specified in any of the following statutory provisions: |
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21 | | - | (X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3), |
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22 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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23 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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24 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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25 | | - | history, or the Session Laws. |
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26 | | - | ________ |
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27 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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28 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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29 | | - | the act. 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1) |
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| 13 | + | ONCERNING PROTECTIONS AGAINST DISCRIMINATION BASED ON HAIR101 |
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| 14 | + | LENGTH THAT IS ASSOCIATED WITH ONE 'S RACE.102 |
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| 15 | + | Bill Summary |
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| 16 | + | (Note: This summary applies to this bill as introduced and does |
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| 17 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 18 | + | passes third reading in the house of introduction, a bill summary that |
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| 19 | + | applies to the reengrossed version of this bill will be available at |
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| 20 | + | http://leg.colorado.gov |
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| 21 | + | .) |
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| 22 | + | In 2020, the general assembly enacted the "CROWN Act of 2020", |
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| 23 | + | which specified that, for purposes of anti-discrimination laws in the |
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| 24 | + | context of public education, employment and housing practices, public |
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| 25 | + | accommodations, and advertising, discrimination on the basis of one's |
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| 26 | + | race includes discrimination on the basis of traits commonly or |
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| 27 | + | historically associated with race, such as hair texture, hair type, and |
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| 28 | + | SENATE |
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| 29 | + | 3rd Reading Unamended |
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| 30 | + | May 3, 2024 |
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| 31 | + | SENATE |
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| 32 | + | 2nd Reading Unamended |
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| 33 | + | May 2, 2024 |
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| 34 | + | HOUSE |
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| 35 | + | 3rd Reading Unamended |
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| 36 | + | April 25, 2024 |
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| 37 | + | HOUSE |
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| 38 | + | 2nd Reading Unamended |
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| 39 | + | April 24, 2024 |
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| 40 | + | HOUSE SPONSORSHIP |
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| 41 | + | Herod and Ricks, Amabile, Bacon, Bird, Boesenecker, Brown, deGruy Kennedy, Duran, |
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| 42 | + | English, Epps, Garcia, Hernandez, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, |
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| 43 | + | Martinez, Marvin, Mauro, McCluskie, Ortiz, Parenti, Rutinel, Sirota, Snyder, Story, Titone, |
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| 44 | + | Velasco, Weissman, Willford, Woodrow, Young |
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| 45 | + | SENATE SPONSORSHIP |
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| 46 | + | Buckner and Coleman, Bridges, Cutter, Exum, Fields, Ginal, Gonzales, Hinrichsen, |
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| 47 | + | Jaquez Lewis, Kolker, Michaelson Jenet, Mullica, Priola, Roberts, Sullivan |
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| 48 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 49 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 50 | + | Dashes through the words or numbers indicate deletions from existing law. protective hairstyles. The bill adds hair length that is commonly or |
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| 51 | + | historically associated with race to the list of traits associated with one's |
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| 52 | + | race. |
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| 53 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 54 | + | SECTION 1. In Colorado Revised Statutes, 22-2-117, amend2 |
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| 55 | + | (1)(b)(X) as follows:3 |
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| 56 | + | 22-2-117. Additional power - state board - waiver of4 |
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| 57 | + | requirements - rules. (1) (b) The state board shall not waive any of the5 |
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| 58 | + | requirements specified in any of the following statutory provisions:6 |
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| 59 | + | (X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),7 |
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| 60 | + | 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)8 |
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38 | | - | HAIR LENGTH, or a |
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39 | | - | protective hairstyle that is commonly or historically associated with race. |
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40 | | - | (6) (c) A school district, on behalf of a charter school, may apply to |
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41 | | - | the state board for a waiver of a state statute or state rule that is not an |
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42 | | - | automatic waiver. Notwithstanding any provision of this subsection (6) to |
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43 | | - | the contrary, the state board may not waive any statute or rule relating to: |
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44 | | - | (IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and |
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45 | | - | 22-63-206 (1) relating to discrimination based on hair texture, hair type, |
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46 | | - | HAIR LENGTH, or a protective hairstyle that is commonly or historically |
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47 | | - | associated with race. |
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48 | | - | SECTION 3. In Colorado Revised Statutes, 22-30.5-507, amend |
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49 | | - | (3)(b)(II) and (7)(b)(IX) as follows: |
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50 | | - | 22-30.5-507. Institute charter school - requirements - authority |
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51 | | - | - rules - definitions. (3) (b) As used in this subsection (3): |
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| 70 | + | HAIR LENGTH, or a16 |
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| 71 | + | protective hairstyle that is commonly or historically associated with race.17 |
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| 72 | + | (6) (c) A school district, on behalf of a charter school, may apply18 |
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| 73 | + | to the state board for a waiver of a state statute or state rule that is not an19 |
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| 74 | + | automatic waiver. Notwithstanding any provision of this subsection (6)20 |
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| 75 | + | to the contrary, the state board may not waive any statute or rule relating21 |
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| 76 | + | to:22 |
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| 77 | + | (IX) Subsection (3) of this section and sections 22-32-110 (1)(k)23 |
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| 78 | + | and 22-63-206 (1) relating to discrimination based on hair texture, hair24 |
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| 79 | + | 1451-2- type, HAIR LENGTH, or a protective hairstyle that is commonly or1 |
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| 80 | + | historically associated with race.2 |
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| 81 | + | SECTION 3. In Colorado Revised Statutes, 22-30.5-507, amend3 |
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| 82 | + | (3)(b)(II) and (7)(b)(IX) as follows:4 |
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| 83 | + | 22-30.5-507. Institute charter school - requirements -5 |
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| 84 | + | authority - rules - definitions. (3) (b) As used in this subsection (3):6 |
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53 | | - | HAIR LENGTH, or a |
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54 | | - | protective hairstyle that is commonly or historically associated with race. |
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55 | | - | (7) (b) An institute charter school may apply to the state board, |
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56 | | - | through the institute, for a waiver of state statutes and state rules that are not |
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57 | | - | automatic waivers. The state board may waive state statutory requirements |
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58 | | - | or rules promulgated by the state board; except that the state board may not |
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59 | | - | waive any statute or rule relating to: |
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60 | | - | (IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and |
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61 | | - | 22-63-206 (1) relating to discrimination based on hair texture, hair type, |
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62 | | - | PAGE 2-HOUSE BILL 24-1451 HAIR LENGTH, or a protective hairstyle that is commonly or historically |
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63 | | - | associated with race. |
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64 | | - | SECTION 4. In Colorado Revised Statutes, 22-32-109, amend |
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65 | | - | (1)(ll)(II)(B) as follows: |
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66 | | - | 22-32-109. Board of education - specific duties - definitions. |
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67 | | - | (1) In addition to any other duty required to be performed by law, each |
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68 | | - | board of education has the following specific duties: |
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69 | | - | (ll) (II) As used in this subsection (1)(ll): |
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| 86 | + | HAIR LENGTH, or a7 |
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| 87 | + | protective hairstyle that is commonly or historically associated with race.8 |
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| 88 | + | (7) (b) An institute charter school may apply to the state board,9 |
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| 89 | + | through the institute, for a waiver of state statutes and state rules that are10 |
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| 90 | + | not automatic waivers. The state board may waive state statutory11 |
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| 91 | + | requirements or rules promulgated by the state board; except that the state12 |
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| 92 | + | board may not waive any statute or rule relating to:13 |
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| 93 | + | (IX) Subsection (3) of this section and sections 22-32-110 (1)(k)14 |
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| 94 | + | and 22-63-206 (1) relating to discrimination based on hair texture, hair15 |
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| 95 | + | type, |
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| 96 | + | HAIR LENGTH, or a protective hairstyle that is commonly or16 |
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| 97 | + | historically associated with race.17 |
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| 98 | + | SECTION 4. In Colorado Revised Statutes, 22-32-109, amend18 |
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| 99 | + | (1)(ll)(II)(B) as follows:19 |
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| 100 | + | 22-32-109. Board of education - specific duties - definitions.20 |
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| 101 | + | (1) In addition to any other duty required to be performed by law, each21 |
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| 102 | + | board of education has the following specific duties:22 |
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| 103 | + | (ll) (II) As used in this subsection (1)(ll):23 |
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71 | | - | HAIR LENGTH, or a |
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72 | | - | protective hairstyle that is commonly or historically associated with race. |
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73 | | - | SECTION 5. In Colorado Revised Statutes, 22-32-110, amend |
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74 | | - | (1)(k)(II)(B) as follows: |
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75 | | - | 22-32-110. Board of education - specific powers - definitions. |
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76 | | - | (1) In addition to any other power granted to a board of education of a |
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77 | | - | school district by law, each board of education of a school district has the |
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78 | | - | following specific powers, to be exercised in its judgment: |
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79 | | - | (k) (II) As used in this subsection (1)(k): |
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80 | | - | (B) "Racial or ethnic background" includes hair texture, hair type, |
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81 | | - | HAIR LENGTH, or a protective hairstyle that is commonly or historically |
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82 | | - | associated with race. |
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83 | | - | SECTION 6. In Colorado Revised Statutes, 22-38-104, amend |
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84 | | - | (1)(d)(II)(B) as follows: |
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85 | | - | 22-38-104. Pilot schools - requirements - authority - definitions. |
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86 | | - | (1) The state board may provide for the establishment and operation of not |
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87 | | - | more than one full-time residential pilot school and not more than three |
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88 | | - | year-round nonresidential pilot schools pursuant to the following |
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89 | | - | provisions: |
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90 | | - | (d) (II) As used in this subsection (1)(d): |
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91 | | - | PAGE 3-HOUSE BILL 24-1451 (B) "Race" includes hair texture, hair type, HAIR LENGTH, or a |
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92 | | - | protective hairstyle that is commonly or historically associated with race. |
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93 | | - | SECTION 7. In Colorado Revised Statutes, 22-63-206, amend |
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94 | | - | (1)(b)(II) as follows: |
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95 | | - | 22-63-206. Transfer - compensation - definitions. (1) (b) As used |
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96 | | - | in this subsection (1): |
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| 105 | + | HAIR LENGTH, or a24 |
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| 106 | + | protective hairstyle that is commonly or historically associated with race.25 |
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| 107 | + | SECTION 5. In Colorado Revised Statutes, 22-32-110, amend26 |
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| 108 | + | (1)(k)(II)(B) as follows:27 |
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| 109 | + | 1451 |
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| 110 | + | -3- 22-32-110. Board of education - specific powers - definitions.1 |
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| 111 | + | (1) In addition to any other power granted to a board of education of a2 |
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| 112 | + | school district by law, each board of education of a school district has the3 |
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| 113 | + | following specific powers, to be exercised in its judgment:4 |
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| 114 | + | (k) (II) As used in this subsection (1)(k):5 |
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| 115 | + | (B) "Racial or ethnic background" includes hair texture, hair type,6 |
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| 116 | + | HAIR LENGTH, or a protective hairstyle that is commonly or historically7 |
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| 117 | + | associated with race.8 |
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| 118 | + | SECTION 6. In Colorado Revised Statutes, 22-38-104, amend9 |
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| 119 | + | (1)(d)(II)(B) as follows:10 |
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| 120 | + | 22-38-104. Pilot schools - requirements - authority -11 |
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| 121 | + | definitions. (1) The state board may provide for the establishment and12 |
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| 122 | + | operation of not more than one full-time residential pilot school and not13 |
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| 123 | + | more than three year-round nonresidential pilot schools pursuant to the14 |
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| 124 | + | following provisions:15 |
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| 125 | + | (d) (II) As used in this subsection (1)(d):16 |
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| 126 | + | (B) "Race" includes hair texture, hair type, |
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| 127 | + | HAIR LENGTH, or a17 |
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| 128 | + | protective hairstyle that is commonly or historically associated with race.18 |
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| 129 | + | SECTION 7. In Colorado Revised Statutes, 22-63-206, amend19 |
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| 130 | + | (1)(b)(II) as follows:20 |
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| 131 | + | 22-63-206. Transfer - compensation - definitions. (1) (b) As21 |
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| 132 | + | used in this subsection (1):22 |
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112 | | - | HAIR LENGTH, or a |
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113 | | - | protective hairstyle that is commonly or historically associated with race. |
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114 | | - | SECTION 10. Applicability. This act applies to conduct occurring |
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115 | | - | on or after the effective date of this act. |
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116 | | - | SECTION 11. Safety clause. The general assembly finds, |
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117 | | - | determines, and declares that this act is necessary for the immediate |
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118 | | - | preservation of the public peace, health, or safety or for appropriations for |
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119 | | - | PAGE 4-HOUSE BILL 24-1451 the support and maintenance of the departments of the state and state |
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120 | | - | institutions. |
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121 | | - | ____________________________ ____________________________ |
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122 | | - | Julie McCluskie Steve Fenberg |
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123 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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124 | | - | OF REPRESENTATIVES THE SENATE |
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125 | | - | ____________________________ ____________________________ |
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126 | | - | Robin Jones Cindi L. Markwell |
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127 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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128 | | - | OF REPRESENTATIVES THE SENATE |
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129 | | - | APPROVED________________________________________ |
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130 | | - | (Date and Time) |
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131 | | - | _________________________________________ |
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132 | | - | Jared S. Polis |
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133 | | - | GOVERNOR OF THE STATE OF COLORADO |
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134 | | - | PAGE 5-HOUSE BILL 24-1451 |
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| 149 | + | HAIR LENGTH, or a8 |
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| 150 | + | protective hairstyle that is commonly or historically associated with race.9 |
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| 151 | + | SECTION 10. Applicability. This act applies to conduct10 |
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| 152 | + | occurring on or after the effective date of this act.11 |
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| 153 | + | SECTION 11. Safety clause. The general assembly finds,12 |
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| 154 | + | determines, and declares that this act is necessary for the immediate13 |
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| 155 | + | preservation of the public peace, health, or safety or for appropriations for14 |
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| 156 | + | the support and maintenance of the departments of the state and state15 |
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| 157 | + | institutions.16 |
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| 158 | + | 1451 |
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| 159 | + | -5- |
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