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-