Colorado 2024 2024 Regular Session

Colorado Senate Bill SB113 Introduced / Bill

Filed 02/05/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0491.01 Michael Dohr x4347
SENATE BILL 24-113
Senate Committees House Committees
Education
A BILL FOR AN ACT
C
ONCERNING MEASURES TO MA KE YOUTH SPORTS SAFER	.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
.)
The bill requires each public and private middle school, junior
high school, and high school (school) and organization that operates a
youth athletic activity to have each coach of a youth athletic activity
complete an abuse prevention training program.
The bill requires the office of school safety (office) to develop a
code of conduct for coaches, parents, spectators, and athletes, and
requires coaches to comply with the code. A person may report a
violation of the code by a coach to the office, and the office will forward
SENATE SPONSORSHIP
Coleman and Exum,
HOUSE SPONSORSHIP
(None),
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. the report to the appropriate school or organization. If a violation is
established, the school or organization must forward the found violation
to the office and the office shall determine whether the violator received
adequate due process. If the office makes that determination, the office
must include the found violation on the statewide list of found violations
on its website.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-33.5-2702, add2
(5), (6), and (7) as follows:3
24-33.5-2702.  Office of school safety - created - duties - grants4
manager - crisis response unit - abuse prevention training program5
- rules - definitions. (5) (a)  E
ACH PUBLIC AND PRIVATE MIDDLE SCHOOL ,6
JUNIOR HIGH SCHOOL, AND HIGH SCHOOL SHALL REQUIRE EACH COACH OF7
A YOUTH ATHLETIC ACTIVITY THAT INVOLVES INTERSCHOLASTIC PLAY TO8
COMPLETE AN ABUSE PREVENTION TRAINING PROGRAM PRIOR TO9
BEGINNING A COACHING POSITION. A PUBLIC OR PRIVATE MIDDLE SCHOOL,10
JUNIOR HIGH SCHOOL, OR HIGH SCHOOL MAY REQUIRE EACH COACH TO11
TAKE AN UPDATED ABUSE PREVENTI ON TRAINING PROGRAM COURSE ON A12
SCHEDULE DETERMINED BY THE PUBLIC OR PRIVATE MIDDLE SCHOOL ,13
JUNIOR HIGH SCHOOL, OR HIGH SCHOOL.14
(b) (I)  T
HE ABUSE PREVENTION TRAINING PROGRAM REQUIRED BY15
SUBSECTION (5)(a) OF THIS SECTION MUST INCLUDE INFORMATION AND16
TRAINING ON THE FOLLOWING:17
(A)  P
ROHIBITED CONDUCT BY COACHES ;18
(B)  A
PPROPRIATE ONE-ON-ONE INTERACTIONS BETWEEN PLAYERS19
AND COACHES;20
(C)  M
ANDATORY REPORTING REQUIREMENTS ;21
(D)  H
OW TO RECOGNIZE AND APPROPRIATELY RESPOND TO AND22
SB24-113-2- PREVENT BEHAVIORS THAT VIOLATE THE PROHIBITED C ONDUCT POLICY1
DEVELOPED PURSUANT TO SUBSECTION (6) OF THIS SECTION; AND2
(E)  H
OW TO RESPOND TO DISCLOSURES OF SEXUAL ABUSE , CHILD3
ABUSE, OR REPORTS OF BEHAVIORS VIOLATING THE PROHIBITED CONDUCT4
POLICY DEVELOPED PURSUANT TO SUBSECTION (6) OF THIS SECTION IN A5
SUPPORTIVE AND APPROPRIATE MANNER THAT MEETS THE MANDATED6
REPORTING REQUIREMENTS UNDER COLORADO STATUTES.7
(II)  A
 SCHOOL, SCHOOL DISTRICT, OR THE OFFICE MAY DESIGNATE8
SPECIFIC EDUCATION COURSES THAT MEET THE REQUIREMENTS OF THIS9
SUBSECTION (5). THE OFFICE SHALL IDENTIFY SPECIFIC EDUCATION10
COURSES THAT MEET THE REQUIREMENTS OF THIS SUBSECTION (5) THAT11
ARE OFFERED WITHOUT CHARGE OR CAN BE TAKEN ONLINE .12
(c) (I)  U
PON SUCCESSFUL COMPLETION OF THE ABUSE PREVENTION13
TRAINING PROGRAM COURSE , A COACH SHALL SUBMIT EVIDENCE OF14
COMPLETION TO THE PUBLIC OR PRIVATE MIDDLE SCHOOL , JUNIOR HIGH15
SCHOOL, OR HIGH SCHOOL THAT EMPLOYS THE COACH .16
(II)  E
ACH SCHOOL DISTRICT, CHARTER SCHOOL, OR PRIVATE17
SCHOOL SHALL MAINTAIN RECORDS OF THE COMPLETION EVIDENCE18
SUBMITTED PURSUANT TO SUBSECTION (5)(c)(I) OF THIS SECTION.19
(6) (a) (I)  T
HE OFFICE SHALL DEVELOP A PROHIBITED CONDUCT20
POLICY RELATING TO YOUTH ATHLETIC ACTIVITIES .21
(II)  T
HE PROHIBITED CONDUCT POLICY MUST INCLUDE THE22
FOLLOWING:23
(A)  A
 LIST OF PROHIBITED CONDUCT BY PARENTS , SPECTATORS,24
COACHES, AND ATHLETES;25
(B)  A
 CODE OF CONDUCT FOR PARENTS , SPECTATORS, COACHES,26
AND ATHLETES TO FOLLOW;27
SB24-113
-3- (C)  A SYSTEM FOR REPORTING VIOLATIONS OF THE PROHIBITED1
CONDUCT OR CODE OF CONDUCT TO THE OFFICE ;2
(D)  A
 PROCESS FOR INVESTIGATIONS , DUE PROCESS3
REQUIREMENTS, AND SANCTIONS FOR ESTABLISHED VIOLATIONS OF THE4
PROHIBITED CONDUCT OR CODE OF CONDUCT ; AND5
(E)  A
 PROCESS FOR ONLINE PUBLICATION OF THE STATEWIDE LIST6
OF FOUND VIOLATIONS DEVELOPED PURSUANT TO SUBSECTION (6)(d) OF7
THIS SECTION.8
(b)  E
ACH PUBLIC OR PRIVATE MIDDLE SCHOOL , JUNIOR HIGH9
SCHOOL, OR HIGH SCHOOL SHALL REQUIRE EACH COACH OF A YOUTH10
ATHLETIC ACTIVITY THAT INVOLVES INTERSCHOLASTIC PLAY TO COMPLY11
WITH THE PROHIBITED CONDUCT POLICY DEVELOPED PURSUANT TO12
SUBSECTION (6)(a) OF THIS SECTION.13
(c) (I)  T
HE OFFICE SHALL CREATE A STATEWIDE ONLINE REPORTING14
PORTAL FOR REPORTING VIOLATIONS OF PROHIBITED CONDUCT OR THE15
CODE OF CONDUCT , AS DESCRIBED IN SUBSECTION (6)(a)(II)(A) OR16
(6)(a)(II)(B) 
OF THIS SECTION, BY COACHES DESCRIBED IN SUBSECTION17
(6)(b) 
OF THIS SECTION.18
(II)  O
N RECEIPT OF A REPORTED VIOLATION TO THE REPORTING19
PORTAL, AS DESCRIBED IN SUBSECTION (6)(c)(I) OF THIS SECTION, THE20
OFFICE SHALL FORWARD THE REPORT TO THE PUBLIC OR PRIVATE MIDDLE21
SCHOOL, JUNIOR HIGH SCHOOL, OR HIGH SCHOOL FOR INVESTIGATION.22
(III)  I
F, AFTER INVESTIGATION, THE PUBLIC OR PRIVATE MIDDLE23
SCHOOL, JUNIOR HIGH SCHOOL, OR HIGH SCHOOL DETERMINES THERE WAS24
A VIOLATION PURSUANT TO THIS SUBSECTION (6)(c), THE PUBLIC OR25
PRIVATE MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, OR HIGH SCHOOL SHALL26
TRANSMIT A NOTICE OF A FOUND VIOLATION AND THE RECORD IN SUPPORT27
SB24-113
-4- OF THE DETERMINATION TO THE OFFICE.1
(IV)  U
PON RECEIPT OF A NOTICE OF A FOUND VIOLATION2
PURSUANT TO SUBSECTION (6)(c)(III) OF THIS SECTION, THE OFFICE SHALL3
REVIEW THE DETERMINATION AND RECORD , AND, IF THE OFFICE4
DETERMINES THAT THE VIOLATOR RECEIVED ADEQUATE DUE PROCESS5
DURING THE INVESTIGATION AND DETERMINATION , THE OFFICE SHALL6
INCLUDE THE FOUND VIOLATION ON THE STATEWIDE LIST OF FOUND7
VIOLATIONS PURSUANT TO SUBSECTION (6)(d) OF THIS SECTION.8
(d)  T
HE OFFICE SHALL POST IN A CONSPICUOUS PLACE ON ITS9
WEBSITE A LINK TO A STATEWIDE LIST OF FOUND VIOLATIONS VERIFIED BY10
THE OFFICE PURSUANT TO SUBSECTION (6)(c)(IV) OF THIS SECTION. THE11
LIST MUST BE SEARCHABLE BY NAME OF VIOLATOR , DATE OF VIOLATION,12
AND ATHLETIC LEAGUE.13
(e)  T
HE OFFICE SHALL PROMULGATE RULES TO IMPLEMENT THIS14
SUBSECTION (6).15
(7)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE16
REQUIRES:17
(a)  "A
BUSE" MEANS PHYSICAL OR MENTAL INJURY, SEXUAL ABUSE18
OR EXPLOITATION, OR NEGLIGENT TREATMENT OF A CHILD .19
(b)  "Y
OUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC20
ACTIVITY SPONSORED BY A PUBLIC OR PRIVATE SCHOOL , COMMUNITY,21
BUSINESS, OR NONPROFIT ORGANIZATION, OR AN ATHLETIC EVENT THAT IS22
AN AMATEUR EVENT AND INCLUDES COMPETITION AGAINST ANOTHER23
TEAM, CLUB, OR ENTITY OR IN PRACTICE OR PREPARATION FOR AN24
ORGANIZED GAME OR COMPETITION AGAINST ANOTHER TEAM , CLUB, OR25
ENTITY. "YOUTH ATHLETIC ACTIVITY" DOES NOT INCLUDE COLLEGE OR26
UNIVERSITY ACTIVITIES. "YOUTH ATHLETIC ACTIVITY" DOES NOT INCLUDE27
SB24-113
-5- AN ACTIVITY THAT IS ENTERED INTO FOR INSTRUCTIONAL PURPOSES ONLY ,1
AN ATHLETIC ACTIVITY THAT IS INCIDENTAL TO A NONATHLETIC PROGRAM ,2
OR A LESSON.3
SECTION 2. In Colorado Revised Statutes, add article 8 to title4
19 as follows:5
ARTICLE 86
Organized Youth Athletic Activities7
19-8-101.  Organized youth athletic activities - abuse8
prevention training - definitions. (1) (a)  E
ACH PRIVATE CLUB, PUBLIC9
RECREATION FACILITY, AND ATHLETIC LEAGUE THAT SPONSORS A YOUTH10
ATHLETIC ACTIVITY SHALL REQUIRE EACH COACH FOR A YOUTH ATHLETIC11
ACTIVITY TO COMPLETE AN ABUSE PREVENTION TRAINING PROGRAM AS12
DESCRIBED IN SECTION 24-33.5-2702 (5)(b). A PRIVATE CLUB, PUBLIC13
RECREATION FACILITY, OR ATHLETIC LEAGUE MAY REQUIRE EACH COACH14
TO TAKE AN UPDATED ABUSE PREVENTION TRAINING PROGRAM COURSE ON15
A SCHEDULE DETERMINED BY THE PRIVATE CLUB , PUBLIC RECREATION16
FACILITY, OR ATHLETIC LEAGUE.17
(b)  A
 PRIVATE CLUB, PUBLIC RECREATION FACILITY, OR ATHLETIC18
LEAGUE MAY DESIGNATE SPECIFIC EDUC ATION COURSES THAT MEET THE19
REQUIREMENTS OF SUBSECTION (1)(a) OF THIS SECTION.20
(c)  U
PON SUCCESSFUL COMPLETION OF THE ABUSE PREVENTION21
TRAINING PROGRAM COURSE , A COACH SHALL SUBMIT EVIDENCE OF22
COMPLETION TO THE COACH 'S PRIVATE CLUB, PUBLIC RECREATION23
FACILITY, OR ATHLETIC LEAGUE.24
(d)  E
ACH PRIVATE CLUB, PUBLIC RECREATION FACILITY , OR25
ATHLETIC LEAGUE SHALL MAINTAIN RECORDS OF THE COMPLETION26
EVIDENCE SUBMITTED PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION.27
SB24-113
-6- (2) (a)  EACH PRIVATE CLUB, PUBLIC RECREATION FACILITY, OR1
ATHLETIC LEAGUE THAT SPONSORS YOUTH ATHLETIC ACTIVITIES SHALL2
REQUIRE EACH OF ITS COACHES TO COMPLY WITH THE PROHIBITED3
CONDUCT POLICY DEVELOPED PURSUANT TO SECTION 24-33.5-2702 (6).4
(b) (I)  I
F THE OFFICE OF SCHOOL SAFETY CREATED IN SECTION5
24-33.5-2702
 RECEIVES A REPORT OF A VIOLATION BY A COACH DESCRIBED6
IN SUBSECTION (2)(a) OF THIS SECTION OF THE PROHIBITED CONDUCT7
POLICY DEVELOPED PURSUANT TO SECTION 24-33.5-2702 (6) THAT8
INVOLVES A PRIVATE CLUB, PUBLIC RECREATION FACILITY, OR ATHLETIC9
LEAGUE, THE OFFICE OF SCHOOL SAFETY SHALL FORWARD THE REPORT TO10
THE PRIVATE CLUB, PUBLIC RECREATION FACILITY, OR ATHLETIC LEAGUE11
FOR INVESTIGATION.12
(II)  I
F, AFTER INVESTIGATION, THE PRIVATE CLUB, PUBLIC13
RECREATION FACILITY, OR ATHLETIC LEAGUE DETERMINES THERE WAS A14
VIOLATION PURSUANT TO THIS SUBSECTION (2), THE PRIVATE CLUB, PUBLIC15
RECREATION FACILITY, OR ATHLETIC LEAGUE SHALL TRANSMIT A NOTICE16
OF A FOUND VIOLATION AND THE RECORD IN SUPPORT OF THE17
DETERMINATION TO THE OFFICE OF SCHOOL SAFETY .18
(III)  U
PON RECEIPT OF A NOTICE OF A FOUND VIOLATION PURSUANT19
TO SUBSECTION (2)(b)(II) OF THIS SECTION, THE OFFICE OF SCHOOL SAFETY20
SHALL REVIEW THE DETERMINATION AND RECORD , AND, IF THE OFFICE OF21
SCHOOL SAFETY DETERMINES THAT THE VIOLATOR RECEIVED ADEQUATE22
DUE PROCESS DURING THE INVE STIGATION AND DETERMINATION	, THE23
OFFICE OF SCHOOL SAFETY SHALL INCLUDE THE FOUND VIOLATION ON THE24
STATEWIDE LIST OF FOUND VIOLATIONS PURSUANT TO SECTION25
24-33.5-2702 (6)(d).26
(3)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE27
SB24-113
-7- REQUIRES:1
(a)  "A
BUSE" MEANS PHYSICAL OR MENTAL INJURY, SEXUAL ABUSE2
OR EXPLOITATION, OR NEGLIGENT TREATMENT OF A CHILD .3
(b)  "Y
OUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC4
ACTIVITY SPONSORED BY A PUBLIC OR PRIVATE SCHOOL , COMMUNITY,5
BUSINESS, OR NONPROFIT ORGANIZATION, OR AN ATHLETIC EVENT THAT IS6
AN AMATEUR EVENT AND INCLUDES COMPETITION AGAINST ANOTHER7
TEAM, CLUB, OR ENTITY OR IN PRACTICE OR PREPARATION FOR AN8
ORGANIZED GAME OR COMPETITION AGAINST ANOTHER TEAM , CLUB, OR9
ENTITY. "YOUTH ATHLETIC ACTIVITY" DOES NOT INCLUDE COLLEGE OR10
UNIVERSITY ACTIVITIES. "YOUTH ATHLETIC ACTIVITY" DOES NOT INCLUDE11
AN ACTIVITY THAT IS ENTERED INTO FOR INSTRUCTIONAL PURPOSES ONLY ,12
AN ATHLETIC ACTIVITY THAT IS INCIDENTAL TO A NONATHLETIC PROGRAM ,13
OR A LESSON.14
SECTION 3. Act subject to petition - effective date. This act15
takes effect at 12:01 a.m. on the day following the expiration of the16
ninety-day period after final adjournment of the general assembly; except17
that, if a referendum petition is filed pursuant to section 1 (3) of article V18
of the state constitution against this act or an item, section, or part of this19
act within such period, then the act, item, section, or part will not take20
effect unless approved by the people at the general election to be held in21
November 2024 and, in such case, will take effect on the date of the22
official declaration of the vote thereon by the governor.23
SB24-113
-8-