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Colorado Senate Bill SB049

Colorado 2024 Regular Session

Colorado Senate Bill SB049 Compare Versions

Only one version of the bill is available at this time.
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11 Second Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 24-0250.01 Jed Franklin x5484
88 SENATE BILL 24-049
99 Senate Committees House Committees
1010 Education
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE CONTENT OF MA TERIAL AVAILABLE IN LIBRARIES ,101
1414 AND, IN CONNECTION THEREWITH , REQUIRING NOTICE OF102
1515 CHALLENGED MATERIAL TO BE PUBLISHED ON THE INTERNET ,103
1616 ESTABLISHING A PROCESS FOR RECONSIDERATION OF104
1717 CHALLENGED MATERIAL , AND PREVENTING DISCRIMINATION IN105
1818 A LIBRARY'S DISPLAYS, ACQUISITION STANDARDS , PUBLIC106
1919 MEETING SPACES, AND RETENTION POLICIES.107
2020 Bill Summary
2121 (Note: This summary applies to this bill as introduced and does
2222 not reflect any amendments that may be subsequently adopted. If this bill
2323 passes third reading in the house of introduction, a bill summary that
2424 applies to the reengrossed version of this bill will be available at
2525 http://leg.colorado.gov
2626 .)
2727 The bill establishes a process by which a student, parent, or
2828 SENATE SPONSORSHIP
2929 Cutter and Kolker, Hinrichsen, Michaelson Jenet, Priola
3030 HOUSE SPONSORSHIP
3131 Joseph and Hamrick, Garcia, Kipp, Lieder, Titone, Vigil
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. member of the community may object to a library resource in a school or
3535 public library. Each library resource that is reconsidered pursuant to the
3636 process must be evaluated based on standards applied by a committee for
3737 school libraries and a director of a public library. Members of the
3838 committee for school libraries are appointed by the superintendent of the
3939 school district, and the committee covers reconsideration requests in all
4040 schools in the district. For public libraries, the director is selected by the
4141 library's board of trustees and covers the library or libraries in the library
4242 district.
4343 A library resource may not be removed while a request for
4444 reconsideration is pending. A principal, librarian, media specialist, other
4545 employee, contractor, or volunteer may refuse a directive to remove a
4646 library resource if such an individual has a good faith belief that the
4747 directive conflicts with law or policy established pursuant to the bill, and
4848 such an individual may not be subjected to retaliation.
4949 The bill prevents the state board of education from waiving the
5050 requirements of the bill as they are applied to public schools, district
5151 charter schools, and institute charter schools.
5252 The bill specifies that it is a discriminatory practice and unlawful
5353 for anyone to discriminate against anyone in the selection, retention,
5454 reconsideration, or display of a library resource.
5555 Be it enacted by the General Assembly of the State of Colorado:1
5656 SECTION 1. Legislative declaration. (1) The general assembly2
5757 hereby finds and declares that:3
5858 (a) Parents should be actively involved in their child's education4
5959 at school;5
6060 (b) Parents and members of the community have challenged the6
6161 inclusion of library resources in libraries, including public and school7
6262 libraries, and have demanded removal of library resources;8
6363 (c) Librarians have removed library resources based on parents'9
6464 objections or objections from members of the community;10
6565 (d) Removal of a library resource prevents others from examining,11
6666 enjoying, and learning from the removed library resource; and12
6767 (e) A library should not compromise the learning opportunities of13
6868 SB24-049-2- others by precluding them from using a library resource unless pursuant1
6969 to a reconsideration process.2
7070 (2) Therefore, it is in the best interest of Coloradans to provide3
7171 library resource removal standards and establish a process for a person to4
7272 object to a library resource in a library.5
7373 SECTION 2. In Colorado Revised Statutes, add 22-1-144 as6
7474 follows:7
7575 22-1-144. School library - content - reconsideration -8
7676 committee - definitions. (1) (a) A
7777 S USED IN THIS SECTION, UNLESS THE9
7878 CONTEXT OTHERWISE REQUIRES :10
7979 (I) "C
8080 OMMITTEE" MEANS A GROUP OF INDIVIDUALS APPOINTED11
8181 PURSUANT TO THIS SECTION BY A SUPERINTENDENT OF A SCHOOL DISTRICT12
8282 TO EVALUATE A REQUEST FOR RECONSIDERATION OF A LIBRARY RESOURCE13
8383 BY A STUDENT OR A PARENT OF A STUDENT AT ANY PUBLIC SCHOOL14
8484 LOCATED WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE SCHOOL15
8585 DISTRICT.16
8686 (II) "L
8787 IBRARY RESOURCE" MEANS MATERIAL, BOTH PRINT AND17
8888 NON-PRINT, FOUND IN A LIBRARY THAT SUPPORTS CURRICULAR AND18
8989 PERSONAL INFORMATION NEEDS . PRINT ITEMS INCLUDE BOOKS ,19
9090 MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR MICROFILM.20
9191 N
9292 ON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS, SLIDES,21
9393 PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND COMPUTER22
9494 SOFTWARE.23
9595 (III) "P
9696 ARENT" MEANS A BIOLOGICAL OR ADOPTIVE MOTHER OR24
9797 FATHER OR STEPMOTHER OR STEPFATHER OF A CHILD OR ANY OTHER25
9898 INDIVIDUAL HAVING LEGAL OR PHYSICAL CUSTODY OF A CHILD .26
9999 (b) O
100100 N OR BEFORE JANUARY 1, 2025, A SUPERINTENDENT SHALL27
101101 SB24-049
102102 -3- APPOINT THE FOLLOWING MEMBERS TO THE COMMITTEE :1
103103 (I) O
104104 NE ADMINISTRATOR OF THE SCHOOL DISTRICT TO ACT AS2
105105 CHAIR OF THE COMMITTEE;3
106106 (II) O
107107 NE TEACHER AT AN ELEMENTARY SCHOOL IN THE SCHOOL4
108108 DISTRICT, ONE TEACHER AT A MIDDLE SCHOOL IN THE SCHOOL DISTRICT ,5
109109 AND ONE TEACHER AT A HIGH SCHOOL IN THE SCHOOL DISTRICT ;6
110110 (III) O
111111 NE PARENT WHO IS A MEMBER OF THE SCHOOL DISTRICT 'S7
112112 DISTRICT ACCOUNTABILITY COMMITTEE ;8
113113 (IV) O
114114 NE STUDENT OR RECENT GRADUATE OF A SCHOOL IN THE9
115115 SCHOOL DISTRICT;10
116116 (V) T
117117 HREE PARENTS OF STUDENTS REPRESENTATIVE OF A11
118118 MINORITY GROUP DESCRIBED IN SECTION 22-1-104 (1)(a) WHOSE12
119119 CHILDREN ATTEND A SCHOOL IN THE SCHOOL DISTRICT ;13
120120 (VI) O
121121 NE PRINCIPAL OR DESIGNEE OF A PRINCIPAL OF AN14
122122 ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT , ONE PRINCIPAL OR15
123123 DESIGNEE OF A PRINCIPAL OF A MIDDLE SCHOOL IN THE SCHOOL DISTRICT ,16
124124 AND ONE PRINCIPAL OR DESIGNEE OF A PRINCIPAL OF A HIGH SC HOOL IN17
125125 THE SCHOOL DISTRICT; AND18
126126 (VII) O
127127 NE LIBRARIAN OF A SCHOOL IN THE SCHOOL DISTRICT .19
128128 (c) (I) A
129129 TEACHER APPOINTED PURSUANT TO SUBSECTION (1)(b)(II)20
130130 OF THIS SECTION SHALL PARTICIPATE IN AND VOTE ON A REQUEST FOR21
131131 RECONSIDERATION ONLY TO THE EXTENT THAT THE LIBRARY RESOURCE22
132132 BEING RECONSIDERED IS FROM THE TYPE OF SCHOOL THAT THE TEACHER23
133133 REPRESENTS.24
134134 (II) A
135135 PRINCIPAL OR DESIGNEE OF A PRINCIPAL APPOINTED25
136136 PURSUANT TO SUBSECTION (1)(b)(VI) OF THIS SECTION SHALL PARTICIPATE26
137137 IN AND VOTE ON A REQUEST FOR RECONSIDERATION ONLY TO THE EXTENT27
138138 SB24-049
139139 -4- THAT THE LIBRARY RESOURCE BEING RECONSIDERED IS FROM THE TYPE OF1
140140 SCHOOL THAT THE PRINCIPAL REPRESENTS .2
141141 (2) A
142142 COMMITTEE MAY SET ITS OWN RULES OF PROCEDURE , EXCEPT3
143143 AS PROVIDED IN SUBSECTION (7) OF THIS SECTION.4
144144 (3) A
145145 COMMITTEE MEMBER SERVES A TWO -YEAR TERM BUT MAY5
146146 BE REAPPOINTED FOR ANY NUMBER OF TERMS .6
147147 (4) A
148148 COMMITTEE SHALL CREATE A FORM THAT CONTAINS THE7
149149 FOLLOWING INFORMATION THAT SHALL BE USED FOR ANY REQUEST FOR8
150150 RECONSIDERATION ABOUT A LIBRARY RESOURCE :9
151151 (a) T
152152 HE LIBRARY RESOURCE FOR WHICH THE SCHOOL RECEIVES A10
153153 WRITTEN REQUEST FOR RECONSIDERATION ABOUT ITS CONTENT ;11
154154 (b) T
155155 HE SPECIFIC REQUEST FOR RECONSIDERATION RECEIVED ;12
156156 (c) T
157157 HE NAME OF THE STUDENT OR PARENT OF A STUDENT MAKING13
158158 THE REQUEST FOR RECONSIDERATION , WHICH SHALL NOT BE PUBLISHED ON14
159159 THE SCHOOL DISTRICT'S WEBSITE;15
160160 (d) T
161161 HE RELATIONSHIP BETWEEN THE STUDENT OR PARENT OF A16
162162 STUDENT AND THE SCHOOL IN WHICH THE LIBRARY RESOURCE IS17
163163 COMPLAINED ABOUT; AND18
164164 (e) T
165165 HE FINAL DISPOSITION OF THE REQUEST FOR19
166166 RECONSIDERATION, INCLUDING ANY LIBRARY RESOURCE DISCONTINUED ,20
167167 RESTRICTED, OR REMOVED AS A RESULT OF A REQUEST FOR21
168168 RECONSIDERATION.22
169169 (5) A
170170 COMMITTEE SHALL EVALUATE EACH REQUEST FOR23
171171 RECONSIDERATION SUBMITTED TO A SCHOOL BASED ON THE SCHOOL24
172172 LIBRARY'S COMPLIANCE WITH THE FOLLOWING STANDARDS :25
173173 (a) P
174174 ROVIDING LIBRARY RESOURCES FOR THE INTEREST ,26
175175 INFORMATION, AND ENLIGHTENMENT OF A LL STUDENTS ATTENDING THE27
176176 SB24-049
177177 -5- SCHOOL. A LIBRARY RESOURCE SHALL NOT BE EXCLUDED BECAUSE OF THE1
178178 ETHNIC ORIGIN, ETHNIC BACKGROUND, OR GENDER IDENTITY OF THOSE2
179179 CONTRIBUTING TO ITS CREATION.3
180180 (b) P
181181 RESENTING A LIBRARY RESOURCE WITH ALL POINTS OF VIEW4
182182 ABOUT CURRENT AND HISTORICAL ISSUES . A LIBRARY RESOURCE SHALL5
183183 NOT BE PROSCRIBED OR REMOVED BECAUSE OF PARTISAN OR DOCTRINAL6
184184 DISAPPROVAL.7
185185 (c) C
186186 HALLENGING CENSORSHIP IN THE FULFILLMENT OF THE8
187187 RESPONSIBILITY TO PROVIDE INFORMATION AND ENLIGHTENMENT ;9
188188 (d) C
189189 ONSULTING WITH AND CONSIDERING PERSPECTIVES OF10
190190 MARGINALIZED GROUPS , INCLUDING THOSE IDENTIFIED IN SECTION11
191191 22-1-104 (1)(a);12
192192 (e) P
193193 ROVIDING ACCESS TO A LIBRARY RESOURCE REGARDLESS OF13
194194 AN INDIVIDUAL'S AGE, BACKGROUND, POLITICAL OR RELIGIOUS VIEWS,14
195195 DISABILITY, RACE, COLOR, SEX, SEXUAL ORIENTATION, GENDER IDENTITY,15
196196 GENDER EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, OR ANCESTRY;16
197197 (f) F
198198 OR A LIBRARY THAT PROVIDES FACILITIES TO THE PUBLIC ,17
199199 MAKING THE FACILITIES AVAILABLE ON AN EQUITABLE BASIS , REGARDLESS18
200200 OF THE BELIEFS OR AFFILIATIONS OF INDIVIDUALS OR GROUPS REQUESTING19
201201 THEIR USE;20
202202 (g) A
203203 DVOCATING FOR, EDUCATING ABOUT, AND PROTECTING AN21
204204 INDIVIDUAL'S PRIVACY IN LIBRARY USE DATA, INCLUDING PERSONALLY22
205205 IDENTIFIABLE INFORMATION, EXCEPT AS REQUIRED BY THE "FAMILY23
206206 E
207207 DUCATION RIGHTS AND PRIVACY ACT", 20 U.S.C. SEC.1232 G; AND24
208208 (h) P
209209 ROHIBITING DISCRIMINATION BASED ON AGE , BACKGROUND,25
210210 POLITICAL OR RELIGIOUS VIEWS, ORIGIN, DISABILITY, RACE, COLOR, SEX,26
211211 SEXUAL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION, MARITAL27
212212 SB24-049
213213 -6- STATUS, NATIONAL ORIGIN, OR ANCESTRY IN THE SELECTION AND1
214214 RETENTION OF LIBRARY RESOURCES, DISPLAYS, ACQUISITION STANDARDS,2
215215 AND PUBLIC MEETING SPACES.3
216216 (6) U
217217 PON RECEIVING A RECONSIDERATION REQUEST FROM A4
218218 STUDENT OR PARENT OF A STUDENT THAT IS ATTENDING A SCHOOL IN THE5
219219 SCHOOL DISTRICT, THE COMMITTEE SHALL:6
220220 (a) R
221221 EQUIRE ALL MEMBERS OF THE COMMITTEE TO READ , VIEW, OR7
222222 LISTEN TO THE LIBRARY RESOURCE THAT IS THE SUBJECT OF THE REQUEST8
223223 FOR RECONSIDERATION;9
224224 (b) H
225225 OLD A HEARING THAT INCLUDES THE INDIVIDUAL MAKING THE10
226226 REQUEST FOR RECONSIDERATION AND ANY SCHOOL EMPLOYEES WHO ARE11
227227 INVOLVED IN THE RECONSIDERATION REQUEST OR WHO FEEL THAT THEY12
228228 ARE AFFECTED BY THE RECONSIDERATION REQUEST ;13
229229 (c) I
230230 F MULTIPLE REQUESTS CONCERNING THE SAME LIBRARY14
231231 RESOURCE ARE LODGED, ALLOW CONSOLIDATION OF THE REQUESTS IN ONE15
232232 HEARING AT THE COMMITTEE'S DISCRETION;16
233233 (d) E
234234 STABLISH RULES, TIME REQUIREMENTS , AND OTHER17
235235 PROCEDURES IN CONNECTION WITH A HEARING ;18
236236 (e) A
237237 LLOW STATEMENTS FROM INTERESTED INDIVIDUALS AND19
238238 EXPERT WITNESSES AT THE COMMITTEE 'S DISCRETION;20
239239 (f) C
240240 ONSIDER WHETHER THE LIBRARY RESOURCE COMPLIES WITH21
241241 THE STANDARDS SET FORTH IN THIS SECTION AND THE RELATED POLICIES ;22
242242 AND23
243243 (g) I
244244 SSUE A FINAL DISPOSITION FOR EACH RECONSIDERATION24
245245 REQUEST WITHIN NINETY DAYS OF THE HEARING REQUIRED BY SUBSECTION25
246246 (6)(b)
247247 OF THIS SECTION.26
248248 (7) A
249249 LIBRARY RESOURCE EVALUATED FOR RECONSIDERATION MAY27
250250 SB24-049
251251 -7- BE REMOVED ONLY UPON UNANIMOUS CONSENT OF THE COMMITTEE .1
252252 (8) O
253253 NLY A STUDENT ATTENDING A SCHOOL OR A PARENT OF A2
254254 STUDENT ATTENDING A SCHOOL MAY LODGE A REQUEST FOR3
255255 RECONSIDERATION OF A LIBRARY RESOURCE , AND ONLY AS TO A LIBRARY4
256256 RESOURCE AT THE SCHOOL LIBRARY OF THE SCHOOL THAT THE STUDENT5
257257 ATTENDS.6
258258 (9) T
259259 HE BLANK FORM, AND ANY COMPLETED FORM , MUST BE7
260260 PUBLISHED ON THE SCHOOL DISTRICT 'S WEBSITE EXCEPT AS OTHERWISE8
261261 SPECIFIED IN THIS SECTION.9
262262 (10) A
263263 N INDIVIDUAL MUST COMPLETE THE FORM DEVELOPED AND10
264264 POSTED ON THE SCHOOL DISTRICT'S WEBSITE FOR EACH LIBRARY RESOURCE11
265265 FOR WHICH A REQUEST FOR RECONSIDERATION IS MADE . AN OBJECTION TO12
266266 MULTIPLE DIFFERENT LIBRARY RESOURCES MUST BE LODGED AS A13
267267 SEPARATE REQUEST FOR RECONSIDERATION FOR EACH LIBRARY RESOURCE .14
268268 (11) A
269269 LIBRARY RESOURCE FOR WHICH A REQUEST FOR15
270270 RECONSIDERATION HAS BEEN LODGED MUST NOT BE DISCONTINUED ,16
271271 RESTRICTED, OR REMOVED UNTIL THE FINAL DISPOSITION OF THE REQUEST17
272272 FOR RECONSIDERATION IS PUBLISHED ON THE SCHOOL DISTRICT 'S WEBSITE.18
273273 (12) A
274274 PARENT MAY PRECLUDE THE PARENT 'S OWN CHILD FROM19
275275 USING A LIBRARY RESOURCE IN A SCHOOL LIBRARY BY PROVIDING20
276276 WRITTEN NOTICE TO THE SC HOOL PRINCIPAL BUT MAY NOT PRECLUDE21
277277 OTHER STUDENTS FROM USING THE LIBRARY RESOURCE EXCEPT TO THE22
278278 EXTENT THAT THE LIBRARY RESOURCE IS REMOVED PURSUANT TO THE23
279279 FINAL DISPOSITION OF A FORMALLY FILED REQUEST FOR RECONSIDERATION24
280280 AT THE DIRECTION OF THE COMMITTEE AS PROVIDED IN THIS SECTION .25
281281 (13) A
282282 PRINCIPAL, SCHOOL LIBRARIAN, MEDIA SPECIALIST, OTHER26
283283 EMPLOYEE, CONTRACTOR, OR VOLUNTEER AT A SCHOOL MAY REFUSE A27
284284 SB24-049
285285 -8- DIRECTIVE TO REMOVE A LIBRARY RESOURCE FROM A SCHOOL LIBRARY IF1
286286 THE INDIVIDUAL HAS A REASONABLE GOOD FAITH BELIEF THAT THE2
287287 DIRECTIVE CONFLICTS WITH APPLICABLE LAW OR POLICY PURSUANT TO3
288288 THIS SECTION OR IF THE LIBRARY RESOURCE IS NOT SUBJECT TO REMOVAL4
289289 PURSUANT TO THE FINAL DISPOSITION OF A REQUEST FOR5
290290 RECONSIDERATION. A PRINCIPAL, SCHOOL LIBRARIAN, MEDIA SPECIALIST,6
291291 OTHER EMPLOYEE, CONTRACTOR, OR VOLUNTEER AT A SCHOOL WHO7
292292 REFUSES A DIRECTIVE TO REMOVE A LIBRARY RESOURCE FROM A SCHOOL8
293293 LIBRARY IS NOT SUBJECT TO TERMINATION , DEMOTION, DISCIPLINE, OR9
294294 RETALIATION FOR THE REFUSAL TO COMPLY IF THE INDIVIDUAL 'S REFUSAL10
295295 IS IN COMPLIANCE WITH THIS SECTION.11
296296 SECTION 3. In Colorado Revised Statutes, 22-2-117, amend12
297297 (1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows:13
298298 22-2-117. Additional power - state board - waiver of14
299299 requirements - rules - definition. (1) (b) The state board shall not waive15
300300 any of the requirements specified in any of the following statutory16
301301 provisions:17
302302 (IX) Any provisions of section 22-1-128 relating to18
303303 comprehensive human sexuality education content requirements; or19
304304 (X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),20
305305 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)21
306306 relating to discrimination based on hair texture, hair type, or a protective22
307307 hairstyle that is commonly or historically associated with race;
308308 OR23
309309 (XI) A
310310 NY PROVISION IN SECTION
311311 22-1-144 RELATING TO THE24
312312 SELECTION AND RETENTION OF A LIBRARY RESOURCE IN A SCHOOL25
313313 LIBRARY. FOR PURPOSES OF THIS SUBSECTION (1)(b)(XI), UNLESS THE26
314314 CONTEXT OTHERWISE REQUIRES , "LIBRARY RESOURCE" MEANS MATERIAL,27
315315 SB24-049
316316 -9- BOTH PRINT AND NON -PRINT, FOUND IN A LIBRARY THAT SUPPORTS1
317317 CURRICULAR AND PERSONAL INFORMATION NEEDS . PRINT ITEMS INCLUDE2
318318 BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR3
319319 MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS,4
320320 SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND5
321321 COMPUTER SOFTWARE .6
322322 SECTION 4. In Colorado Revised Statutes, 22-7-1005, add (2.2)7
323323 as follows:8
324324 22-7-1005. Preschool through elementary and secondary9
325325 education - aligned standards - adoption - revisions. (2.2) O
326326 N OR10
327327 BEFORE JANUARY 1, 2025, THE STATE BOARD SHALL ADOPT STANDARDS11
328328 THAT PROHIBIT A GOVERNING BOARD OF A SCHOOL DISTRICT , A BOARD OF12
329329 COOPERATIVE SERVICES, OR THE GOVERNING BODY OF A CHARTER SCHOOL13
330330 FROM REFUSING TO APPROVE, OR FROM PROHIBITING THE SELECTION OF,14
331331 ANY TEXTBOOK , INSTRUCTIONAL MATERIAL , SUPPLEMENTAL15
332332 INSTRUCTIONAL MATERIAL , OR OTHER CURRICULUM FOR CLASSROOM16
333333 INSTRUCTION OR ANY BOOK OR OTHER RESOURCE IN A SC HOOL LIBRARY ON17
334334 THE BASIS THAT IT INCLUDES STUDY OF THE ROLE AND CONTRIBUTIONS OF18
335335 ANY INDIVIDUAL OR GROUP IDENTIFIED IN SECTION 22-1-104 (1)(a).19
336336 SECTION 5. In Colorado Revised Statutes, 22-30.5-104, amend20
337337 (6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows:21
338338 22-30.5-104. Charter school - requirements - authority - rules22
339339 - definitions. (6) (c) A school district, on behalf of a charter school, may23
340340 apply to the state board for a waiver of a state statute or state rule that is24
341341 not an automatic waiver. Notwithstanding any provision of this25
342342 subsection (6) to the contrary, the state board may not waive any statute26
343343 or rule relating to:27
344344 SB24-049
345345 -10- (VIII) Section 22-33-106.1 concerning suspension and expulsion1
346346 of students in preschool through second grade; or2
347347 (IX) Subsection (3) of this section and sections 22-32-110 (1)(k)3
348348 and 22-63-206 (1) relating to discrimination based on hair texture, hair4
349349 type, or a protective hairstyle that is commonly or historically associated5
350350 with race;
351351 OR6
352352 (X) A
353353 NY PROVISION IN SECTION 22-1-144 RELATING TO THE7
354354 SELECTION AND RETENTION OF A LIBRARY RESOURCE IN A SCHOOL8
355355 LIBRARY. FOR PURPOSES OF THIS SUBSECTION (6)(c)(X), UNLESS THE9
356356 CONTEXT OTHERWISE REQUIRES , "LIBRARY RESOURCE" MEANS MATERIAL,10
357357 BOTH PRINT AND NON -PRINT, FOUND IN A LIBRARY THAT SUPPORTS11
358358 CURRICULAR AND PERSONAL INFORMATION NEEDS . PRINT ITEMS INCLUDE12
359359 BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR13
360360 MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS,14
361361 SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND15
362362 COMPUTER SOFTWARE .16
363363 SECTION 6. In Colorado Revised Statutes, 22-30.5-507, amend17
364364 (7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows:18
365365 22-30.5-507. Institute charter school - requirements -19
366366 authority - rules - definitions. (7) (b) An institute charter school may20
367367 apply to the state board, through the institute, for a waiver of state statutes21
368368 and state rules that are not automatic waivers. The state board may waive22
369369 state statutory requirements or rules promulgated by the state board;23
370370 except that the state board may not waive any statute or rule relating to:24
371371 (VIII) Section 22-33-106.1 concerning suspension and expulsion25
372372 of students in preschool through second grade; or
373373 26
374374 (IX) Subsection (3) of this section and sections 22-32-110 (1)(k)27
375375 SB24-049
376376 -11- and 22-63-206 (1) relating to discrimination based on hair texture, hair1
377377 type, or a protective hairstyle that is commonly or historically associated2
378378 with race;
379379 OR3
380380 (X) A
381381 NY PROVISION IN SECTION 22-1-144 RELATING TO THE4
382382 SELECTION AND RETENTION OF A LIBRARY RESOURCE IN A SCHOOL5
383383 LIBRARY. FOR PURPOSES OF THIS SUBSECTION (7)(b)(X), UNLESS THE6
384384 CONTEXT OTHERWISE REQUIRES, "LIBRARY RESOURCE" MEANS MATERIAL,7
385385 BOTH PRINT AND NON -PRINT, FOUND IN A LIBRARY THAT SUPPORTS8
386386 CURRICULAR AND PERSONAL INFORMATION NEEDS . PRINT ITEMS INCLUDE9
387387 BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR10
388388 MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS,11
389389 SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND12
390390 COMPUTER SOFTWARE .13
391391 SECTION 7. In Colorado Revised Statutes, 24-90-109, amend14
392392 (1)(c) introductory portion, (1)(c)(II), and (1)(c)(III); and add (1)(c)(IV),15
393393 (1)(c)(V), (1)(c)(VI), (1)(c)(VII), (1)(c)(VIII), (5), and (6) as follows: 16
394394 24-90-109. Powers and duties of board of trustees - definition.17
395395 (1) The board of trustees shall:18
396396 (c) Employ a director and, upon the director's recommendation,19
397397 employ such
398398 other employees as may be necessary. The duties of the20
399399 director shall include: but not be limited to:21
400400 (II) Recommending individuals for employment by the board of22
401401 trustees; and23
402402 (III) Performing all other acts necessary for the orderly and24
403403 efficient management and control of the library;25
404404 (IV) D
405405 EVELOPING AND REQUIRING COMPLIANCE BY LIBRARIANS26
406406 WITH POLICIES THAT IMPLEMENT THE FOLLOWING STANDARDS WITH27
407407 SB24-049
408408 -12- RESPECT TO THE SELECTION, RETENTION, AND RECONSIDERATION OF A1
409409 LIBRARY RESOURCE IN A LIBRARY CREATED PURSUANT TO THIS PART 1:2
410410 (A) P
411411 ROVIDING A LIBRARY RESOURCE FOR THE INTEREST ,3
412412 INFORMATION, AND ENLIGHTENMENT OF THE COMMUNITY . A LIBRARY4
413413 RESOURCE SHALL NOT BE EXCLUDED BECAUSE OF THE ETHNIC ORIGIN ,5
414414 ETHNIC BACKGROUND, OR GENDER IDENTITY OF THOSE CONTRIBUTING TO6
415415 ITS CREATION;7
416416 (B) P
417417 RESENTING A LIBRARY RESOURCE WITH ALL POINTS OF VIEW8
418418 ABOUT CURRENT AND HISTORICAL ISSUES . A LIBRARY RESOURCE MUST9
419419 NOT BE PROSCRIBED OR REMOVED BECAUSE OF PARTISAN OR DOCTRINAL10
420420 DISAPPROVAL.11
421421 (C) C
422422 HALLENGING CENSORSHIP IN THE FULFILLMENT OF THE12
423423 RESPONSIBILITY TO PROVIDE INFORMATION AND ENLIGHTENMENT ;13
424424 (D) C
425425 ONSULTING WITH AND CONSIDERING PERSPECTIVES OF14
426426 MARGINALIZED GROUPS , INCLUDING THOSE IDENTIFIED IN SECTION15
427427 22-1-104 (1)(a);16
428428 (E) P
429429 ROVIDING ACCESS TO A LIBRARY RESOURCE REGARDLESS OF17
430430 AN INDIVIDUAL'S AGE, BACKGROUND, POLITICAL OR RELIGIOUS VIEWS,18
431431 ORIGIN, DISABILITY, RACE, COLOR, SEX, SEXUAL ORIENTATION, GENDER19
432432 IDENTITY, GENDER EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, OR20
433433 ANCESTRY;21
434434 (F) F
435435 OR A LIBRARY THAT PROVIDES FACILITIES TO THE PUBLIC ,22
436436 MAKING THE FACILITIES AVAILABLE ON AN EQUITABLE BASIS , REGARDLESS23
437437 OF THE BELIEFS OR AFFILIATIONS OF INDIVIDUALS OR GROUPS REQUESTING24
438438 THEIR USE;25
439439 (G) A
440440 DVOCATING FOR, EDUCATING ABOUT, AND PROTECTING AN26
441441 INDIVIDUAL'S PRIVACY IN LIBRARY USE DATA, INCLUDING PERSONALLY27
442442 SB24-049
443443 -13- IDENTIFIABLE INFORMATION; AND1
444444 (H) P
445445 ROHIBITING DISCRIMINATION BASED ON AGE , BACKGROUND,2
446446 POLITICAL OR RELIGIOUS VIEWS, ORIGIN, DISABILITY, RACE, COLOR, SEX,3
447447 SEXUAL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION, MARITAL4
448448 STATUS, NATIONAL ORIGIN, OR ANCESTRY IN THE SELECTION AND5
449449 RETENTION OF LIBRARY RESOURCES, DISPLAYS, ACQUISITION STANDARDS,6
450450 AND PUBLIC MEETING SPACES.7
451451 (V) C
452452 REATING A FORM THAT CONTAINS THE FOLLOWING8
453453 INFORMATION FOR ANY REQUEST FOR RECONSIDERATION ABOUT A9
454454 LIBRARY RESOURCE:10
455455 (A) A
456456 NY LIBRARY RESOURCE FOR WHICH THE LIBRARY RECEIVES11
457457 A WRITTEN REQUEST FOR RECONSIDERATION ABOUT ITS CONTENT . AN12
458458 INDIVIDUAL MAY ONLY LODGE A REQUEST FOR RECONSIDERATION ABOUT13
459459 A LIBRARY RESOURCE SELECTED OR RETAINED IN A LIBRARY LOCATED IN14
460460 THE LIBRARY DISTRICT IN WHICH THE INDIVIDUAL RESIDES .15
461461 (B) T
462462 HE SPECIFIC REQUEST FOR RECONSIDERATION RECEIVED ;16
463463 (C) T
464464 HE NAME OF THE INDIVIDUAL MAKING THE REQUEST FOR17
465465 RECONSIDERATION, WHICH SHALL NOT BE PUBLISHED ON THE LIBRARY 'S18
466466 WEBSITE;19
467467 (D) T
468468 HE RELATIONSHIP BETWEEN THE INDIVIDUAL AND THE20
469469 LIBRARY IN WHICH THE LIBRARY RESOURCE IS COMPLAINED ABOUT ;21
470470 (E) T
471471 HE FINAL DISPOSITION OF THE REQUEST FOR22
472472 RECONSIDERATION, INCLUDING WHETHER ANY LIBRARY RESOURCE IS23
473473 DISCONTINUED, RESTRICTED, OR REMOVED AS A RESULT OF AN OBJECTION;24
474474 (F) T
475475 HE REASON FOR DISCONTINUANCE , RESTRICTION, OR25
476476 REMOVAL OF A LIBRARY RESOURCE ; AND26
477477 (G) A
478478 DECISION ABOUT THE DISPOSITION OF A REQUEST FOR27
479479 SB24-049
480480 -14- RECONSIDERATION ABOUT A LIBRARY RESOURCE IN ACCORDANCE WITH1
481481 THE STANDARDS SET FORTH IN SUBSECTION (1)(c)(IV) OF THIS SECTION.2
482482 (VI) R
483483 EQUIRING AN INDIVIDUAL TO COMPLETE THE FORM3
484484 DEVELOPED AND POSTED ON THE LIBRARY 'S WEBSITE FOR EACH LIBRARY4
485485 RESOURCE FOR WHICH A REQUEST FOR RECONSIDERATION IS MADE . A5
486486 REQUEST FOR RECONSIDERATION ABOUT MULTIPLE LIBRARY RESOURCES6
487487 MUST BE LODGED AS A SEPARATE REQUEST FOR RECONSIDERATION FOR7
488488 EACH LIBRARY RESOURCE.8
489489 (VII) R
490490 EQUIRING THE BLANK FORM, AND ANY COMPLETED FORM ,9
491491 TO BE PUBLISHED ON THE LIBRARY'S WEBSITE EXCEPT AS SPECIFIED IN THIS10
492492 SUBSECTION (1); AND11
493493 (VIII) W
494494 AITING TO REMOVE, DISCONTINUE, OR RESTRICT, ANY12
495495 LIBRARY RESOURCE FOR WHICH A REQUEST FOR RECONSIDERATION HAS13
496496 BEEN LODGED UNTIL THE FINAL DISPOSITION OF THE REQUEST FOR14
497497 RECONSIDERATION IS PUBLISHED ON THE LIBRARY 'S WEBSITE.15
498498 (5) A
499499 LIBRARIAN, MEDIA SPECIALIST, OTHER EMPLOYEE ,16
500500 CONTRACTOR, OR VOLUNTEER AT A LIBRARY MAY REFUSE A DIRECTIVE TO17
501501 REMOVE A LIBRARY RESOURCE FROM A LIBRARY IF THE INDIVIDUAL HAS A18
502502 REASONABLE GOOD FAITH BELIEF THAT THE DIRECTIVE IS IN CONFLICT19
503503 WITH AN APPLICABLE LAW OR POLICY PURSUANT TO SUBSECTION20
504504 (1)(c)(IV)
505505 OF THIS SECTION OR IF THE LIBRARY RESOURCE IS NOT SUBJECT21
506506 TO REMOVAL PURSUANT TO THE FINAL DISPOSITION OF A REQUEST FOR22
507507 RECONSIDERATION. A LIBRARIAN, MEDIA SPECIALIST, OTHER EMPLOYEE,23
508508 CONTRACTOR, OR VOLUNTEER AT A LIBRARY WHO REFUSES A DIRECTIVE24
509509 TO REMOVE A LIBRARY RESOURCE FROM A LIBRARY IS NOT SUBJECT TO25
510510 TERMINATION, DEMOTION, DISCIPLINE, OR RETALIATION FOR THE REFUSAL26
511511 TO COMPLY IF THE INDIVIDUAL'S REFUSAL IS IN COMPLIANCE WITH THIS27
512512 SB24-049
513513 -15- SUBSECTION (5).1
514514 (6) F
515515 OR PURPOSES OF THIS SECTION , UNLESS THE CONTEXT2
516516 OTHERWISE REQUIRES, "LIBRARY RESOURCE" MEANS MATERIAL, BOTH3
517517 PRINT AND NON-PRINT, FOUND IN A LIBRARY THAT SUPPORTS CURRICULAR4
518518 AND PERSONAL INFORMATION NEEDS . PRINT ITEMS INCLUDE BOOKS ,5
519519 MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR MICROFILM.6
520520 N
521521 ON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS, SLIDES,7
522522 PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND COMPUTER8
523523 SOFTWARE.9
524524 SECTION 8. In Colorado Revised Statutes, 24-34-601, amend10
525525 (2)(b); and add (2.7) as follows:11
526526 24-34-601. Discrimination in places of public accommodation12
527527 - definition. (2) (b) A claim brought pursuant to paragraph (a) of this
528528 13
529529 subsection (2) SUBSECTION (2)(a) OR (2.7) OF THIS SECTION that is based14
530530 on disability is covered by the provisions of section 24-34-802. 15
531531 (2.7) I
532532 T IS A DISCRIMINATORY PRACTICE AND UNLAWFUL FOR ANY16
533533 PERSON TO DISCRIMINATE AGAINST ANY INDIVIDUAL OR GROUP IN THE17
534534 SELECTION, RETENTION, RECONSIDERATION, OR DISPLAY OF A LIBRARY18
535535 RESOURCE IN A LIBRARY. FOR PURPOSES OF THIS SUBSECTION (2.7),19
536536 UNLESS THE CONTEXT OTHERWISE REQUIRES , "LIBRARY RESOURCE" MEANS20
537537 MATERIAL, BOTH PRINT AND NON -PRINT, FOUND IN A LIBRARY THAT21
538538 SUPPORTS CURRICULAR AND PERSONAL INFORMATION NEEDS . PRINT ITEMS22
539539 INCLUDE BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR23
540540 MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS,24
541541 SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, COMPUTER25
542542 SOFTWARE, AND PUBLIC MEETING SPACES.26
543543 SECTION 9. Safety clause. The general assembly finds,27
544544 SB24-049
545545 -16- determines, and declares that this act is necessary for the immediate1
546546 preservation of the public peace, health, or safety or for appropriations for2
547547 the support and maintenance of the departments of the state and state3
548548 institutions.4
549549 SB24-049
550550 -17-