General Provisions

C.R.S. tit. 22, art. 1

in effect

C.R.S. § 22-1-101 Schools defined

22-1-101. Schools defined. (1) A public school is a school that derives its support, in whole or in part, from moneys raised by a general state, county, or district tax. (2) A charter school is a public school that operates pursuant to a charter contract entered into pursuant to the provisions of article 30.5 of this title. As used in this title, unless the context otherwise requires, "charter school" includes any type of charter school created pursuant to the provisions of article 30.5 of this title.

C.R.S. § 22-1-102 Residence of child

22-1-102. Residence of child. (1) Every public school shall be open for the admission of all children, between the ages of five and twenty-one years, residing in that district without the payment of tuition. The board of education shall have power to admit adults and children not residing in the district if it sees fit to do so and to fix the terms of such admission. (2) A child shall be deemed to reside in a school district if: (a) Both his or her parents, or the survivor of them, or the one of them with whom such child resides a majority of the time pursuant to an order of any court of competent jurisdiction resides in the school district; (b) The legally appointed guardian of his person resides in the school district; (c) After emancipation by his parents, or the survivor thereof, from their or his control, and he has no guardian, he lives within the school district; (d) In the judgment of the board of education of the school district wherein the child lives, the child has been abandoned by his parents; (e) The child has become permanently dependent for his maintenance and support on someone other than his nonresident parents, or upon any charitable organization, if the dependent child is actually to make his home and receive his support within the school district where he desires to attend; (f) If one of the child's parents or the guardian of his person is a public officer or employee living temporarily for the performance of his duties in a school district other than that of his residence. Unless the parents of a child are permanently separated, the residence of the husband shall be deemed to be the residence of the child, but, if the parents have permanently separated, the residence of the child shall be that of the parent with whom the child actually lives. (g) Regardless of the residence of the parents, if any, the child adopts a dwelling place within the district with the intent to remain there indefinitely and with the intent not to return to the dwelling place from which he came, and regularly eats or sleeps there, or both, during the entire school year as defined in section 22-1-112; but the child shall be deemed not to have the requisite intent if he regularly returns to another dwelling place during summer vacations or weekends; (h) The child is found to be homeless pursuant to the provisions of section 22-1-102.5 and the child presently seeks shelter or is located in the school district; except that a homeless child shall be deemed to reside in another school district if the child attended school in such school district at the time the child became homeless, the child remains homeless, the affected school districts find that attendance in such other school district is in the best interests of the child pursuant to section 22-33-103.5, and the child chooses to continue attendance in such other school district; (i) The child is found to have become homeless pursuant to the provisions of section 22-1-102.5 during a period that school is not in session, the child remains homeless, and the child presently seeks shelter or is located in the school district; except that the child shall be deemed to reside in another school district if the child attended school in such school district immediately prior to the time the child became homeless, the child remains homeless, the affected school districts find that attendance in such other school district is in the best interests of the child pursuant to section 22-33-103.5, and the child chooses to continue attendance in such other school district; or side in another school district if the child attended school in such school district immediately prior to the time the child became homeless, the child remains homeless, the affected school districts find that attendance in such other school district is in the best interests of the child pursuant to section 22-33-103.5, and the child chooses to continue attendance in such other school district; or (j) The child is a student in out-of-home placement, as defined in section 22-32-138, but is enrolled in a school of origin, as defined in section 22-32-138, other than an approved facility school, as defined in section 22-2-402, or a state-licensed day treatment facility and was considered a resident of the school district at the time the child became a student in out-of-home placement or at the time of enrollment in the school of origin, whichever is most recent. (3) School districts shall follow the procedures specified in section 22-33-103.5 in determining where a homeless child shall attend school and the educational services provided to homeless children.

C.R.S. § 22-1-102.5 Definition of homeless child

22-1-102.5. Definition of homeless child. (1) The general assembly finds and declares that, because of the growing number of children and families who are homeless in Colorado, there is a need to ensure that all homeless children and youth receive a proper education. It is the intent of the general assembly that no child or youth shall be denied the benefits of a free education in the public schools because the child or youth is homeless. (2) (a) As used in this article 1, unless the context otherwise requires, "homeless child" means: (I) A school-aged child or youth, including preschool, who lacks a fixed, regular, and adequate nighttime residence, including but not limited to: (A) A child or youth who is living in a motel, hotel, or camping ground due to a lack of alternative adequate accommodations; (B) A child or youth who is living in an emergency or transitional shelter; and (C) A child or youth who is abandoned in a hospital; (D) (Deleted by amendment, L. 2018.) (II) A school-aged child or youth, including preschool, who has a primary nighttime residence that is: (A) A supervised, publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for persons with behavioral or mental health disorders; or (B) (Deleted by amendment, L. 2018.) (C) A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings, including but not limited to an automobile, a park, an abandoned building, a bus or train station, or a similar setting; or (III) A child or youth who is sharing the housing of another due to loss of housing, economic hardship, or for similar reasons. (b) "Homeless child" shall not include any individual imprisoned or otherwise detained pursuant to an act of congress or a state law. (c) "Homeless child" shall include a migrant school-aged child, including preschool, who meets the requirements of this subsection (2). (d) "Homeless child" shall include a school-aged child, including preschool, who meets the requirements of this subsection (2) who is not in the physical custody of a parent or legal guardian.

C.R.S. § 22-1-103 Policy of state to instruct in English - exceptions

22-1-103. Policy of state to instruct in English - exceptions. Instruction in the common branches of study in the public schools of this state shall be conducted principally through the medium of the English language; except that it shall be the policy of the state also to encourage the school districts of the state to develop bilingual skills and to assist pupils whose experience is largely in a language other than English to make an effective transition to English with the least possible interference in other learning activities.

C.R.S. § 22-1-104 Teaching of history, culture, and civil government

22-1-104. Teaching of history, culture, and civil government. (1) (a) The history and civil government of the United States and of the state of Colorado, which includes the history, culture, and social contributions of minorities, including but not limited to American Indians, Latinos, African Americans, and Asian Americans, the lesbian, gay, bisexual, and transgender individuals within these minority groups, and the intersectionality of significant social and cultural features within these communities, and the contributions and persecution of religious minorities, must be taught in all the public schools of the state. (b) In addition to the requirements specified in subsection (1)(a) of this section, courses for teaching the civil government of the United States and of the state of Colorado must include instruction on: (I) The three branches of government and how they interact; an understanding of how laws are enacted at the federal, state, and local government levels; and the methods by which citizens shape and influence government and governmental actions; (II) The formation and development of the governments of the United States and the state of Colorado using federal and state foundational documents and the significance and relevance of those foundational documents in modern society. At a minimum, this instruction must include: (A) The historical and modern significance of the declaration of independence; (B) How the United States constitution establishes the federal government and the characteristics of the republic that it creates; (C) How the Colorado constitution establishes the state government and its relationship to local governments in the state; (D) How the United States constitution with the bill of rights and the state bill of rights in article II of the state constitution are applicable in modern society; (E) How the United States constitution is amended and the changes that have been made to it since 1787; (F) How the Colorado constitution is amended and the changes that have been made to it since 1876; (G) How other foundational documents of the United States and Colorado, including landmark United States supreme court decisions and significant Colorado supreme court decisions, aided in the formation and have subsequently affected the development of the United States and Colorado governments; and (H) How to engage with federal, state, and local governments and how to engage with public officials. (c) Notwithstanding the requirement in section 22-7-1005 (6) to review the preschool through elementary and secondary education standards every six years, as soon as is practicable after September 7, 2021, the state board of education shall review the civics portion of the social studies standards and revise them as necessary to comply with the requirements of subsection (1)(b) of this section. The state board of education shall take into consideration any recommendations of the history, culture, social contributions, and civil government in education commission established in section 22-1-104.3 in reviewing the civics standards pursuant to this subsection (1)(c). e social studies standards and revise them as necessary to comply with the requirements of subsection (1)(b) of this section. The state board of education shall take into consideration any recommendations of the history, culture, social contributions, and civil government in education commission established in section 22-1-104.3 in reviewing the civics standards pursuant to this subsection (1)(c). (d) Each public school and school district is encouraged to partner with local service organizations to solicit donations to improve the quality of the civics education program that the public school or school district provides. Donations may be used to pay the cost of developing a high-quality curriculum, inviting speakers to interact with students, and providing students with opportunities for civics learning and engagement outside of the classroom. (2) Satisfactory completion of a course on the civil government of the United States and the state of Colorado, including the subjects described in subsection (1) of this section, is a condition of high school graduation in the public schools of this state. (3) (a) In an effort to increase civic participation among young people, each school district board of education shall convene a community forum on a periodic basis, but not less than once every six years, for all interested persons to discuss adopted content standards in civics, including the subjects described in subsection (1) of this section. The history, culture, social contributions, and civil government in education commission established in section 22-1-104.3 shall actively participate in any such forums. (b) Based upon input from this community forum, each school district board of education shall determine how the subject areas specified in subsection (1) of this section are addressed when establishing graduation requirements. (4) (a) In an effort to strengthen the teaching of the history, culture, social contributions, and civil government of the state of Colorado and of the United States in all public schools of the state in accordance with the requirements of this section, the department of education, in conjunction with the history, culture, social contributions, and civil government in education commission established in section 22-1-104.3, shall assist the school districts of the state in developing and promoting programs for elementary and secondary students that engage the students in the process of discovery and interpretation of the subjects and topics set forth in subsection (1) of this section. (b) The department of education is authorized to accept gifts, grants, and donations in furtherance of the objectives specified in subsection (4)(a) of this section. (c) It is the intent of the general assembly that the objectives specified in subsection (4)(a) of this section are funded through the state education fund created in section 17 (4) of article IX of the state constitution. The general assembly hereby finds that the development, promotion, and maintenance by the school districts of the state of programs for elementary and secondary students that engage such students in the process of discovery and interpretation of the subjects and topics set forth in subsection (1) of this section assist these students in meeting state academic standards and may therefore be funded from money in the state education fund. the development, promotion, and maintenance by the school districts of the state of programs for elementary and secondary students that engage such students in the process of discovery and interpretation of the subjects and topics set forth in subsection (1) of this section assist these students in meeting state academic standards and may therefore be funded from money in the state education fund. (5) (a) In an effort to strengthen the teaching of history, culture, social contributions, and civil government, as described in subsection (1) of this section, in all public schools of the state in accordance with the requirements of this section, the department of education, in conjunction with the history, culture, social contributions, and civil government in education commission established in section 22-1-104.3, shall assist the school districts of the state in developing and promoting programs for elementary and secondary students that address the state model content standards for history and civics and promote best practices while also addressing the subjects and topics described in subsection (1) of this section. (b) It is the intent of the general assembly that the objectives specified in this subsection (5) are funded through the state education fund created in section 17 (4) of article IX of the state constitution. The general assembly hereby finds that the development, promotion, and maintenance by the school districts of the state of programs for elementary and secondary students that address the state model content standards for history and civics and promote best practices while addressing the subjects and topics described in subsection (1) of this section assist these students in meeting state academic standards and may therefore be funded from money in the state education fund. (6) The state board of education shall take into consideration any recommendations of the history, culture, social contributions, and civil government in education commission established in section 22-1-104.3 when performing its six-year review of the state's education standards pursuant to section 22-7-1005 (6).

C.R.S. § 22-1-104.3 History, culture, social contributions, and civil government in education commission - established - membership - duties

22-1-104.3. History, culture, social contributions, and civil government in education commission - established - membership - duties. (1) There is established the history, culture, social contributions, and civil government in education commission, referred to in this section as the "commission". The purpose of the commission is to make recommendations to the state board of education and department of education to be used in conjunction with the regular six-year review of the state's education standards and programs pursuant to section 22-7-1005 (6). The recommendations must seek to further the discovery, interpretation, and learning of the history, culture, social contributions, and civil government of the United States and Colorado, including the contributions of American Indians, Latinos, African Americans, and Asian Americans, the lesbian, gay, bisexual, and transgender individuals within these minority groups, and the intersectionality of significant social and cultural features within these communities, and the contributions and persecution of religious minorities. The commission shall work cooperatively and in conjunction with the department of education and local school boards of education as described in section 22-1-104. (2) The commission consists of sixteen members and, to the extent practicable, must include persons from throughout the state and persons with disabilities and must reflect the ethnic diversity of the state. A majority of the commission members must have either classroom experience or experience in developing education content standards. On or before August 15, 2019, the appointing officials shall appoint membership of the commission as follows: (a) The governor shall appoint, through the office of boards and commissions, the following members of the commission: (I) Two members from the American Indian community; (II) Two members from the Latino community; (III) Two members from the African American community; (IV) Two members from the Asian American community; (V) One member from the lesbian, gay, bisexual, and transgender community; (VI) One member who is a teacher and holds an initial or professional teacher license pursuant to article 60.5 of this title 22; (VII) One member from an organization that represents either school superintendents or local school boards; and (VIII) Two members representing higher education. One member must represent a large state institution of higher education, and one member must represent a smaller state institution of higher education. (b) The commissioner of education shall appoint two members from the department of education, who are nonvoting members; and (c) The president of the state historical society, established in part 2 of article 80 of title 24, or the president's designee, who is a nonvoting member. (3) Commission members serve for terms of four years; except that, of the members first appointed, two members appointed pursuant to each of subsections (2)(a)(I), (2)(a)(II), and (2)(a)(III) of this section and one member appointed pursuant to subsection (2)(a)(IV) of this section, as designated by the governor, serve initial terms of two years. The appointing officials shall fill any vacancies on the commission for the remainder of any unexpired term. (4) Beginning in September 2019, the commission shall meet a minimum of two times per year and additionally as needed in conjunction with the community forums established in section 22-1-104 (3)(a). (5) Commission members serve without compensation but may be reimbursed for actual and reasonable expenses incurred in the performance of their duties.

C.R.S. § 22-1-104.5 Teaching of visual arts and performing arts - definitions

22-1-104.5. Teaching of visual arts and performing arts - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Course" includes, but need not be limited to, a traditional class, an online course of study, an internship, an externship, a mentor experience, or an independent study course that culminates in an integrative or specialized performance, showcase, or exhibition. (b) "Performing arts" means art forms that are expressed by individuals or groups that involve performance through multi-sensory experiences, which performances may include, but need not be limited to, dance, music, theater, and digital or electronic productions. (c) "Visual arts" means art works created by individuals or groups using a variety of media and processes, which art works may include, but need not be limited to, drawing, painting, ceramic arts, sculpture, photography, graphic arts, printmaking, media arts, electronic or digital design, textiles, jewelry, glass arts, and fine woodworking. (2) Each public school in the state is strongly encouraged to provide courses in visual arts and in performing arts, which courses shall be based on content standards for visual arts and performing arts and provided in compliance with state and federal law. School districts and public schools are strongly encouraged to explore and implement innovative delivery mechanisms for performing arts and visual arts courses, including but not limited to using on-site technology and software, online education, and collaboration among community colleges, other school districts or public schools, boards of cooperative services, and regional service areas.

C.R.S. § 22-1-104.7 Teaching of Holocaust and genocide studies - definitions

22-1-104.7. Teaching of Holocaust and genocide studies - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Genocide" means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group: (I) Killing members of a national, ethnic, racial, or religious group; (II) Causing serious bodily or mental harm to members of a national, ethnic, racial, or religious group; (III) Deliberately inflicting on a national, ethnic, racial, or religious group conditions of life calculated to bring about its physical destruction in whole or in part; (IV) Imposing measures intended to prevent births within a national, ethnic, racial, or religious group; or (V) Forcibly transferring children of a national, ethnic, racial, or religious group to another group. (b) "Holocaust" means the systematic, bureaucratic, state-sponsored persecution and murder of approximately six million Jews and five million individuals targeted for their religion, disability, or identity by the Nazi regime and its collaborators. (c) "Holocaust and genocide studies" means studies on the Holocaust, genocide, and other acts of mass violence, including but not limited to the Armenian Genocide. (2) (a) For school years beginning on or after July 1, 2023, each school district board of education and charter school shall incorporate the standards on Holocaust and genocide studies developed by the state board pursuant to section 22-7-1005 (2.7) into an existing course that is currently a condition of high school graduation. (b) The provisions of subsection (2)(a) of this section applies only if the standards are adopted by the state board on or before July 1, 2023. (3) A school district or charter school may utilize the resource bank created pursuant to section 22-2-127.3 or other alternative programs or materials to implement the provisions of this section. Any programs or materials used in teaching Holocaust and genocide studies must represent best practices and be developed using input from experts in the area of Holocaust and genocide studies.

C.R.S. § 22-1-105 Commissioner of education to provide course

22-1-105. Commissioner of education to provide course. (Repealed)

C.R.S. § 22-1-106 Information as to honor and use of flag

22-1-106. Information as to honor and use of flag. (1) The commissioner of education shall provide the necessary instruction and information so that all teachers in the grade and high schools in the state of Colorado may teach the pupils therein the proper respect of the flag of the United States, to honor and properly salute the flag when passing in parade, and to properly use the flag in decorating and displaying. (2) (Deleted by amendment, L. 2004, p. 166, § 1, effective March 17, 2004.) (3) Each school district shall provide an opportunity each school day for willing students to recite the pledge of allegiance in public elementary and secondary educational institutions. Any person not wishing to participate in the recitation of the pledge of allegiance shall be exempt from reciting the pledge of allegiance and need not participate.

C.R.S. § 22-1-107 Pupils to be instructed

22-1-107. Pupils to be instructed. Upon such information and instruction being furnished, it is the duty of each teacher in such schools to see that the pupils therein receive such instruction and information.

C.R.S. § 22-1-108 Federal constitution to be taught

22-1-108. Federal constitution to be taught. In all public and private schools located within the state of Colorado, there shall be given regular courses of instruction in the constitution of the United States.

C.R.S. § 22-1-109 Taught at what stages

22-1-109. Taught at what stages. Such instruction in the constitution of the United States shall begin not later than the opening of the junior high schools or seventh grade and shall continue in the high school course and in courses in state colleges, universities, and the educational departments of state and municipal institutions to an extent to be determined by the commissioner of education.

C.R.S. § 22-1-110 Effect of use of alcohol and controlled substances to be taught

22-1-110. Effect of use of alcohol and controlled substances to be taught. The nature of alcoholic drinks and controlled substances, as defined in section 18-18-102 (5), C.R.S., and special instruction as to their effects upon the human system in connection with the several divisions of the subject of physiology and hygiene, as to the physical, emotional, psychological, and social dangers of their use with an emphasis upon the nonuse of such substances by school-age children, and as to the illegal aspects of their use shall be included in the branches of study taught to school-age children during grades kindergarten through twelve in the public schools of the state. They shall be studied and taught, as thoroughly and in the same manner as other like required branches are taught in said schools, by the use of instructional materials and strategies designated by the board of directors of the respective school districts.

C.R.S. § 22-1-110.5 Education regarding human sexuality - prior written notice to parent - content standards

22-1-110.5. Education regarding human sexuality - prior written notice to parent - content standards. (Repealed)

C.R.S. § 22-1-111 Failure to teach temperance

22-1-111. Failure to teach temperance. (Repealed)

C.R.S. § 22-1-112 School year - national holidays

22-1-112. School year - national holidays. The school year shall begin on the first day of July and end on the thirtieth day of June. The term "national holidays" in this title shall be construed to mean Thanksgiving day, Christmas day, New Year's day, the third Monday in January, observed as the birthday of Dr. Martin Luther King, Jr., Washington-Lincoln day, Memorial day, Labor day, Independence day, and Veterans' day.

C.R.S. § 22-1-113 School census - oath of parent

22-1-113. School census - oath of parent. (Repealed)

C.R.S. § 22-1-114 Statements from private schools

22-1-114. Statements from private schools. Whenever requested by the board of education of the school district in which a private school is located, if not more often than once per month, the person or corporation in charge and control of any school other than a public school shall certify in writing, and, if so requested, upon forms or blanks furnished by the said school district for that purpose, a statement containing the name, age, place of residence, and number of days of attendance at school during the preceding month or since the preceding report of all children of school age who then are or since the preceding report have been attending any such school.

C.R.S. § 22-1-115 School census - school age

22-1-115. School census - school age. A school census is a census embracing all persons between the ages of five and twenty-one years. School age is any age over five and under twenty-one years; but any child attaining school age during the school year may be admitted to school subject to the requirements for admission fixed by the school board of the district in which he or she applies for enrollment.

C.R.S. § 22-1-116 School children - sight and hearing tests

22-1-116. School children - sight and hearing tests. The sight and hearing of all children in the kindergarten, first, second, third, fifth, seventh, and ninth grades, or children in comparable age groups referred for testing, shall be tested during the school year by the teacher, principal, or other qualified person authorized by the school district. Each school in the district shall make a record of all sight and hearing tests given during the school year and record the individual results of each test on each child's records. The parents or guardian shall be informed when a deficiency is found. The provisions of this section shall not apply to any child whose parent or guardian objects on religious or personal grounds.

C.R.S. § 22-1-117 Secret fraternities forbidden

22-1-117. Secret fraternities forbidden. It is unlawful for any pupil who is registered in and attending any high school, district, primary, or graded school which is partially or wholly maintained by public funds to join or become a member of any secret fraternity, sorority, or society wholly or partially formed from the membership of pupils attending any such schools or to belong to or to take part in the organization or formation of any fraternity, sorority, or society, except such societies or associations as shall be sanctioned by the board of directors of the school districts wherein such schools are maintained.

C.R.S. § 22-1-118 School board to enforce

22-1-118. School board to enforce. The boards of directors of all school districts shall enforce the provisions of section 22-1-117, and shall have full power to make, adopt, and modify all rules and regulations which in their judgment and discretion may be necessary for the proper governing of such schools and for the enforcing of all the provisions of section 22-1-117.

C.R.S. § 22-1-119 Students - dispensing of drugs to - liability

22-1-119. Students - dispensing of drugs to - liability. Any school employee who dispenses any drug, as such term is defined in section 12-280-103 (16), to a student in accordance with written instructions from a parent or legal guardian shall not be liable for damages in any civil action or subject to prosecution in any criminal proceedings for an adverse drug reaction suffered by the student as a result of dispensing such drug.

C.R.S. § 22-1-119.1 Policy for employee and agent possession and administration of opioid antagonists - definitions

22-1-119.1. Policy for employee and agent possession and administration of opioid antagonists - definitions. (1) A school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school may adopt and implement a policy whereby: (a) A school under its jurisdiction may acquire and maintain a stock supply of opioid antagonists on school grounds; on a school bus operated by a district school, a school district, the charter school institute, an institute charter school, or a nonpublic school; or both; (b) An employee or agent of the school; or an employee or agent of a school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus; or both, may, after receiving appropriate training, administer an opioid antagonist on school grounds or a school bus to assist an individual who is at risk of experiencing an opioid-related drug overdose event. The training provided pursuant to this subsection (1)(b) must include risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist; and (c) An employee or agent of the school may furnish opiate antagonists on school grounds or on a school bus to any individual, including a student, but shall only furnish an opiate antagonist to a student if the student has received appropriate school-sponsored training. (2) An employee or agent of a school; or an employee or agent of the school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus; or both, acting in accordance with a policy adopted pursuant to this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2), respectively. (3) As used in this section: (a) "Opioid antagonist" has the same meaning as set forth in section 12-30-110 (7)(d). (b) "Opioid-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that: (I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined; (II) A layperson would reasonably believe to be caused by an opioid-related drug overdose event; and (III) Requires medical assistance. (4) The general assembly encourages each school district board of education, the charter school institute, and each governing board of a nonpublic school to adopt and implement a policy for an employee or agent of the school to furnish an opiate antagonist on school grounds or on a school bus to any individual, including a student. In developing the policy, the general assembly also encourages each school district board of education, the charter school institute, and each governing board of a nonpublic school to consider parent and student input; include education and training to parents and students regarding opiate antagonists, opiate detection tests, or non-laboratory detection tests; consider recommendations to students of a certain age or grade level for whom the policy applies; and collaborate with groups who have developed opiate education and awareness campaigns to enhance the policy.

C.R.S. § 22-1-119.2 Policy for employee and agent furnishing synthetic opiate detection tests and non-laboratory additive detection tests - legislative intent - definitions

22-1-119.2. Policy for employee and agent furnishing synthetic opiate detection tests and non-laboratory additive detection tests - legislative intent - definitions. (1) A school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school may adopt and implement a policy whereby a school under its jurisdiction may acquire and maintain a supply of non-laboratory synthetic opiate detection tests, non-laboratory additive detection tests, or both, and an employee or agent of the school may furnish non-laboratory synthetic opiate detection tests, non-laboratory additive detection tests, or both, on school grounds to any individual. (2) As used in this section, unless the context otherwise requires: (a) "Non-laboratory additive detection test" means a product that is intended or designed to detect the presence of an additive to a synthetic opiate or an immediate precursor to a synthetic opiate. (b) "Non-laboratory synthetic opiate detection test" means a product that is intended or designed to detect the presence of a synthetic opiate.

C.R.S. § 22-1-119.3 Policy for student possession and administration of prescription medication - rules - definitions

22-1-119.3. Policy for student possession and administration of prescription medication - rules - definitions. (1) A school district board of education shall adopt and implement a policy whereby, except as described in subsection (3) of this section, a student enrolled in a school of the school district may possess and self-administer on school grounds, upon a school bus, or at any school-sponsored event any medication that is prescribed by a licensed health-care practitioner to be used by the student and shall adopt and implement a policy consistent with subsections (3)(c), (3)(d), and (3)(d.5) of this section. (2) (a) If a school district board of education adopts and implements a policy described by subsection (1) of this section, a parent or legal guardian of a student who is enrolled in a school of the school district and for whom medication is prescribed by a licensed health-care practitioner shall notify the school's administration of the student's medical needs and of the fact that the student may be in possession of his or her prescribed medications as described in subsection (1) of this section. The notification, when appropriate, shall include the treatment plan that has been devised for the student by a licensed health-care practitioner. (b) If a school's administration receives notice from a student's parent or legal guardian that the student may be in possession of his or her prescribed medications, the school's administration shall ensure that such notice is provided to the student's teachers and the school nurse or other person who is designated to provide health services to students at the school. (c) Nothing in this section shall be construed to limit the ability of a public school to require a parent or legal guardian of a student who has medication prescribed for a life-threatening condition to provide to the school a sufficient supply of the medication to be stored at the school to be administered to the student in the event of a health emergency. (3) (a) A policy adopted by a school district board of education pursuant to subsection (1) of this section must include but need not be limited to: (I) A process by which a school may restrict a student from possessing and self-administering on school grounds, on a school bus, or at a school-sponsored event a medication that is prescribed by a licensed health-care practitioner to be used by the student. The process must require the school administration to make a determination as to whether a student's possession or self-administration of the medication poses a significant risk of harm to the student or to other students. (II) A requirement that if a student has medication prescribed for a life-threatening condition, a sufficient supply of the medication is provided to the school by the student's parent or legal guardian, stored safely at the school, and kept readily available to be administered to the student in a timely fashion in the event of a health emergency; and (III) Processes for the storage, possession, and administration of medical marijuana in a nonsmokeable form to a student who holds a valid recommendation for medical marijuana upon the grounds of the preschool or primary or secondary school in which the student is enrolled. For purposes of this section, a public school shall treat a recommendation for a nonsmokeable form of medical marijuana from a licensed physician as medication that is prescribed by a licensed health-care practitioner. smokeable form to a student who holds a valid recommendation for medical marijuana upon the grounds of the preschool or primary or secondary school in which the student is enrolled. For purposes of this section, a public school shall treat a recommendation for a nonsmokeable form of medical marijuana from a licensed physician as medication that is prescribed by a licensed health-care practitioner. (b) A student who possesses a prescribed medication on school grounds, upon a school bus, or at a school-sponsored event in accordance with a policy adopted by a school district pursuant to this section may possess only enough of his or her prescribed medication to render a sufficient dosage to the student to adequately treat the student's condition for a single day or for the duration of the event, whichever is appropriate; except that this provision shall not apply to a student who requires and possesses an insulin pump or other medical device that delivers dosages of prescribed medication to the student over a period of time that exceeds a single day or the duration of the event. (c) A student shall not possess or self-administer medical marijuana on school grounds, upon a school bus, or at any school-sponsored event, except as provided for in paragraph (d) of this subsection (3). (d) (I) A primary caregiver may possess, and administer to a student who holds a valid recommendation for medical marijuana, medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. School personnel may volunteer to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form to any student with a valid recommendation for medical marijuana. The primary caregiver or volunteer shall not administer the nonsmokeable medical marijuana in a manner that creates disruption to the educational environment or causes exposure to other students. (II) Nothing in this section requires the school district staff to administer medical marijuana. (III) A school district board of education or charter school may adopt policies regarding who may act as a primary caregiver pursuant to this paragraph (d) and the reasonable parameters of the administration and use of medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. (IV) This subsection (3)(d) does not apply to a school district or charter school if: (A) The school district or charter school loses or will lose federal funding as a result of implementing this subsection (3)(d); (B) The school district or charter school can demonstrate a reasonable, documented expectation of lost federal funding based on federal guidance or grant requirements directly as a result of implementing this subsection (3)(d); and (C) The school district or charter school posts on its website in a conspicuous place a statement regarding its decision not to comply with this paragraph (d). (V) Student possession, use, distribution, or sale or being under the influence of a cannabinoid product inconsistent with this paragraph (d) is not permitted. (VI) This paragraph (d) shall be known as "Jack's Law". (d.5) (I) Medical marijuana in a nonsmokeable form shall be administered at a school pursuant to this subsection (3)(d.5) according to a written plan for the administration of medical marijuana in a nonsmokeable form that is agreed to and signed by the school principal or his or her designee and a parent or legal guardian that is consistent with the school board's adopted policy required by subsection (3)(a)(III) of this section and the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction. uana in a nonsmokeable form that is agreed to and signed by the school principal or his or her designee and a parent or legal guardian that is consistent with the school board's adopted policy required by subsection (3)(a)(III) of this section and the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction. (II) Prior to the administration of medical marijuana in a nonsmokeable form at school, the student's parent or legal guardian shall complete and submit to the school the documentation required by rule of the state board of education, including but not limited to: (A) A written medical marijuana recommendation that includes the signature of one of the recommending physicians and the purpose, recommended dosage, frequency, and length of time between dosages of the medical marijuana in a nonsmokeable form to be administered; and (B) A written statement from the student's parent or legal guardian releasing the school, and employees and volunteers of the school, from liability, except in cases of willful or wanton conduct or disregard of the criteria of the treatment plan. (III) (A) Subject to the requirements specified in subsections (3)(d.5)(I) and (3)(d.5)(II) of this section, school personnel may possess, and administer to a student who holds a valid recommendation for medical marijuana, medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. The school personnel shall not administer the nonsmokeable medical marijuana in a manner that creates disruption to the educational environment or causes exposure to other students. If a student who is subject to the provisions of this subsection (3)(d.5) takes a school trip outside of the state of Colorado or participates in a school activity outside of the state of Colorado, the provisions of this subsection (3)(d.5) do not apply for the time during which the student is engaged in the trip or activity outside of the state of Colorado. (B) Nothing in this subsection (3)(d.5) requires any school personnel to administer medical marijuana. (C) It is an exception from the state's criminal laws for school personnel to possess and administer medical marijuana in a nonsmokeable form in compliance with this subsection (3)(d.5) to a student who holds a valid recommendation for medical marijuana, except as otherwise provided in section 18-18-406.3. (D) A school district board of education or a school administration shall not discipline or retaliate against any school personnel who volunteers to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form pursuant to the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction. (IV) A school may adopt policies regarding the reasonable parameters of the administration and use of medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. (V) This subsection (3)(d.5) does not apply to a school if: (A) The school loses or will lose federal funding as a result of implementing this subsection (3)(d.5); (B) The school can demonstrate a reasonable, documented expectation of lost federal funding based on federal guidance or grant requirements directly as a result of implementing this subsection (3)(d.5); and (C) The school posts on its website in a conspicuous place a statement regarding its decision not to comply with this subsection (3)(d.5). (VI) Student possession, use, distribution, or sale, or a student being under the influence, of a cannabinoid product inconsistent with this subsection (3)(d.5) is not permitted. requirements directly as a result of implementing this subsection (3)(d.5); and (C) The school posts on its website in a conspicuous place a statement regarding its decision not to comply with this subsection (3)(d.5). (VI) Student possession, use, distribution, or sale, or a student being under the influence, of a cannabinoid product inconsistent with this subsection (3)(d.5) is not permitted. (VII) The student's parent, guardian, or designee shall deliver the student's medical marijuana in a nonsmokeable form, in a container that contains clearly labeled instructions or the plan for administration must clearly specify instructions for the dosing, timing, and delivery route instructions from one of the student's recommending physicians, to the volunteer or school personnel designated by the school as the person who secures the medical marijuana before the student attends school for the school day. The volunteer or school personnel shall administer the medical marijuana pursuant to the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction. The volunteer or school personnel who secures the medical marijuana in a nonsmokeable form shall place the medical marijuana in a locked storage container that does not significantly delay access to or the administration of the medical marijuana in a nonsmokeable form in a medical emergency. The person who secures the medical marijuana in a nonsmokeable form may return any unused medical marijuana to the student's parent, guardian, or designee at the end of each school day, or, if allowed by the treatment plan, the medical marijuana in a nonsmokeable form may be kept on school grounds overnight in a locked storage container. (VIII) Neither this section nor any other state or federal law, including without limitation the "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and section 504 of the "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended, may be used to require a school or any employee or volunteer thereof to store medical marijuana on the grounds of a school, school bus, or school-sponsored event or to administer medical marijuana. (IX) For purposes of this subsection (3)(d.5), "school personnel" means school personnel designated by agreement between the principal or his or her designee and a parent or legal guardian, including any school personnel acting as a volunteer pursuant to subsection (3)(d)(I) of this section. (e) Notwithstanding the provisions of section 22-33-106 (1)(d)(II), a school district or charter school may not discipline a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school. a volunteer pursuant to subsection (3)(d)(I) of this section. (e) Notwithstanding the provisions of section 22-33-106 (1)(d)(II), a school district or charter school may not discipline a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school. (f) A school district or charter school may not deny eligibility to attend school to a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school. (4) The state board of education may promulgate rules for the implementation of this section. (5) A school district board of education that adopts a policy pursuant to subsection (1) of this section shall be exempt from rules promulgated by the state board of education pursuant to the "Colorado Schoolchildren's Asthma, Food Allergy, and Anaphylaxis Health Management Act", section 22-1-119.5. (6) For purposes of this section, "medication" and "medical marijuana" do not include a physical, behavioral, psychological, verbal, or any other nontangible therapy course of treatment. (7) Nothing in this section requires school personnel to volunteer to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form to any student with a valid recommendation for medical marijuana. A school may not require school personnel to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form against their will, nor may a school discipline school personnel for refusing to possess, administer, or assist in the administration of medical marijuana under this section. (8) This section does not apply to a private or nonpublic school. (9) A school located on federal land is exempt from the provisions of this section related to the administration of medical marijuana if the federal government prohibits the administration of medical marijuana at a school located on federal land. (10) The department of education shall not subject any person licensed pursuant to article 60.5 of this title 22 to any disciplinary action related to the possession, administration, or assistance in the administration of cannabis-based medicine as allowed by this section. (11) A school, school district, school district director, school or school district employee, or volunteer acting in good faith in accordance with the provisions of this section is immune from criminal prosecution and civil suit for such actions.

C.R.S. § 22-1-119.5 Asthma, food allergy, and anaphylaxis health management - self-administered medication - staff-administered medication - rules - definitions

22-1-119.5. Asthma, food allergy, and anaphylaxis health management - self-administered medication - staff-administered medication - rules - definitions. (1) This section shall be known and may be cited as the "Colorado Schoolchildren's Asthma, Food Allergy, and Anaphylaxis Health Management Act". (2) (a) A student with asthma, a food allergy, other severe allergies, or a related, life-threatening condition may possess and self-administer medication to treat the student's asthma, food or other allergy, anaphylaxis, or other related, life-threatening condition if the student has a treatment plan approved pursuant to this subsection (2) or the student's school district board of education has adopted a policy for student possession and administration of prescription medication pursuant to section 22-1-119.3. (b) A public school shall, and a nonpublic school is encouraged to, approve a treatment plan for a student enrolled in the school to possess and self-administer medication for asthma, a food allergy, or anaphylaxis if all of the following conditions are met: (I) A health-care practitioner has prescribed medication for use by the student during school hours, at school-sponsored activities, and while in transit to or from school or school-sponsored activities and has instructed the student in the correct and responsible use of the medication. (II) The student demonstrates to the health-care practitioner or the health-care practitioner's designee and the school nurse or a school administrator the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed. (III) The school nurse or a school administrator collaborates with the student's health-care practitioner to formulate a written treatment plan for managing asthma, food allergy, or anaphylaxis episodes of the student and for medication use by the student during school hours, at school-sponsored activities, and while in transit to or from school or school-sponsored activities. (IV) The student's parent or legal guardian completes and submits to the public or nonpublic school the documentation required by rule of the state board of education, including but not limited to: (A) A written medical authorization that includes the signature of the health-care practitioner for the medication prescribed; the name, purpose, prescribed dosage, frequency, and length of time between dosages of the medications to be self-administered; and confirmation from the health-care practitioner that the student has been instructed and is capable of self-administration of the prescribed medications; (B) A written statement from the student's parent or legal guardian releasing the school, school district, any associated entity, and employees and volunteers of the school, school district, and associated entity from liability, except in cases of willful or wanton conduct or disregard of the criteria of the treatment plan; and (C) A written contract between the school nurse or a school administrator, the student, and the student's parent or legal guardian assigning levels of responsibility to the parent or legal guardian, student, and school employees. f the school, school district, and associated entity from liability, except in cases of willful or wanton conduct or disregard of the criteria of the treatment plan; and (C) A written contract between the school nurse or a school administrator, the student, and the student's parent or legal guardian assigning levels of responsibility to the parent or legal guardian, student, and school employees. (c) A treatment plan shall be effective only for the school year in which it is approved. The public school shall approve a new treatment plan for each school year so long as the plan meets the conditions specified in paragraph (b) of this subsection (2). The parent or legal guardian shall submit a new treatment plan annually or more often if changes occur to the student's health or prescribed treatment. (3) A student with a treatment plan approved pursuant to subsection (2) of this section or whose school district board of education has adopted a policy for student possession and administration of prescription medication pursuant to section 22-1-119.3 may possess and self-administer his or her medication while in school, while at school-sponsored activities, and while in transit to or from school or school-sponsored activities. (4) With the approval of the parent or legal guardian of a student with a treatment plan approved pursuant to subsection (2) of this section, a school may maintain additional asthma, food or other allergy, or anaphylaxis medication to be kept at the school in a location to which the student has immediate access in the event of an asthma, food or other allergy, or anaphylaxis emergency. (5) Immediately after using an epinephrine auto-injector during school hours, a student shall report to the school nurse, to the designee of the school nurse, or to some adult at the school to enable the school nurse, nurse's designee, or other adult to provide the appropriate follow-up care, which shall include making a 911 emergency call. (5.5) (a) As used in this subsection (5.5) and in subsection (6) of this section, unless the context otherwise requires: (I) "Administer" or "administration" means to give a dose of medicine to a student who has asthma or a food or other allergy or who is experiencing anaphylaxis, including the use of an epinephrine auto-injector, an asthma inhaler, or oral medication. (II) "Designated school personnel" means: (A) An employee in a school who has been trained on the administration of epinephrine auto-injectors consistent with the rules on administration of epinephrine auto-injectors and to whom a school nurse has delegated the nursing task of administering epinephrine auto-injectors to students; or (B) An employee in a school who has been trained on the administration of epinephrine auto-injectors consistent with the rules on administration of epinephrine auto-injectors and to whom a nurse has delegated the nursing task of administering epinephrine auto-injectors to students or has been trained by a medical professional licensed under article 240 of title 12 or part 1 of article 255 of title 12 and to whom the licensee has delegated the administration of epinephrine auto-injectors under the authority of that person's license. (III) "Governing authority of a school" means a school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school. (IV) "Prescription" means any order issued in writing, dated and signed by a physician licensed pursuant to article 240 of title 12, a physician assistant licensed in accordance with section 12-240-113, or an advanced practice registered nurse with prescriptive authority in accordance with section 12-255-112. (V) "School" means any public or nonpublic school. (b) A governing authority of a school may adopt and implement a policy whereby schools under its jurisdiction may acquire and maintain a stock supply of epinephrine auto-injectors. assistant licensed in accordance with section 12-240-113, or an advanced practice registered nurse with prescriptive authority in accordance with section 12-255-112. (V) "School" means any public or nonpublic school. (b) A governing authority of a school may adopt and implement a policy whereby schools under its jurisdiction may acquire and maintain a stock supply of epinephrine auto-injectors. (c) A governing authority of a school may adopt a policy for schools within its jurisdiction to authorize the school nurse or other designated school personnel to administer an epinephrine auto-injector to any student that the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis, in accordance with standing orders and protocols from a licensed physician, physician assistant, or advanced practice registered nurse with prescriptive authority, regardless of whether the student has a prescription for an epinephrine auto-injector. (d) A governing authority of a school may enter into arrangements with manufacturers of epinephrine auto-injectors or third-party suppliers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair-market or reduced prices or for free. (e) The governing authority of a public school that decides to maintain a supply of epinephrine auto-injectors as described in this subsection (5.5) shall: (I) Implement a plan based on the rules developed pursuant to subsection (8) of this section for the management of students with life-threatening allergies enrolled in schools under its jurisdiction; and (II) Make such plan available on such governing authority's website or the website of each school under the governing authority's jurisdiction, or if such websites do not exist, make such plan available to parents and other interested persons through other practical means as determined by such governing authority. (f) To qualify for the protections in subsection (6) of this section, the governing authority of a nonpublic school that decides to maintain a supply of epinephrine auto-injectors as described in this subsection (5.5) must implement a plan based on the rules adopted by the state board of education as described in subsection (8) of this section. (g) The department of education shall develop and publish an annual report compiling, summarizing, and analyzing all incident reports submitted to the department pursuant to paragraph (e) of subsection (8) of this section. (6) Unless the damages were caused by willful or wanton conduct or disregard of the criteria of an approved treatment plan, if the provisions of this section are met, a school, school district, school district director, or school or school district employee not otherwise provided for under section 13-21-108, C.R.S., shall not be liable in a suit for damages as a result of an act or omission related to: (a) A student's own use of the student's epinephrine auto-injector or any other medication contained in an approved treatment plan; or (b) The good-faith administration of an epinephrine auto-injector in accordance with a policy and standing orders and protocols on the administration of epinephrine auto-injectors as described in paragraph (c) of subsection (5.5) of this section and pursuant to a plan adopted pursuant to paragraph (e) or (f) of subsection (5.5) of this section. (7) Nothing in this section shall be interpreted to create a cause of action or increase or diminish the liability of any person. (8) The state board of education, with assistance from the department of public health and environment, shall promulgate and revise, as necessary, rules for treatment plans for the management of students with life-threatening allergies pursuant to this section. The state board of education shall adopt rules on or before December 31, 2013, to include, but not be limited to: iability of any person. (8) The state board of education, with assistance from the department of public health and environment, shall promulgate and revise, as necessary, rules for treatment plans for the management of students with life-threatening allergies pursuant to this section. The state board of education shall adopt rules on or before December 31, 2013, to include, but not be limited to: (a) Education and training for school nurses and designated school personnel on the management of students with life-threatening allergies, including training related to the administration of an epinephrine auto-injector. In developing the rules on education and training, the state board shall solicit input from an organization that represents school nurses. (b) Procedures for responding to life-threatening allergic reactions; (c) A process for the development of individualized health-care and allergy action plans for every student with a known life-threatening allergy, including the self-administration of medications pursuant to subsection (2) of this section; (d) Protocols to prevent exposure to allergens; (e) Requirements for each school to submit, on a form developed by the department of education, a report of each incident at the school or a related-school event involving a severe allergic reaction or the administration of an epinephrine auto-injector or both; (f) Requirements for school nurses in schools that have adopted a policy allowing for the administration of epinephrine auto-injectors pursuant to subsection (5.5) of this section to report to the department whether the school nurse has trained and designated any school personnel to administer epinephrine auto-injectors and, if so, the number of employees in the school or school district that have been trained and designated to administer epinephrine auto-injectors; (g) Detailed standards for training programs that must be completed by school nurses and designated school personnel in order to administer an epinephrine auto-injector in accordance with subsection (5.5) of this section. Training may be conducted online and, at a minimum, shall cover: (I) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis; (II) Standards and procedures for the storage and administration of an epinephrine auto-injector; and (III) Emergency follow-up procedures after administering an epinephrine auto-injector. (9) The department of public health and environment is authorized to audit school records for the determination of asthma and severe allergy rates within the schools and to determine the proportion of those students with asthma and severe allergies in the schools that have treatment plans allowing for self-administration of asthma and severe allergy medications. The audit shall define the extent of asthma and severe allergies among students and determine the effect of this section on the well-being of children with asthma and severe allergies in schools. The audit shall be conducted in conformance with the requirements of the "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g.

C.R.S. § 22-1-119.7 Student possession and administration of opiate antagonists and possession of non-laboratory detection tests

22-1-119.7. Student possession and administration of opiate antagonists and possession of non-laboratory detection tests. (1) A school district or the state charter school institute shall not prohibit a student of the school district or institute charter school from or discipline a student of the school district or institute charter school for possessing or administering an opiate antagonist on school grounds, on a school bus, or at any school-sponsored event. (2) A school, school district, or the state charter school institute shall not prohibit a student of the school district or institute charter school from possessing a non-laboratory synthetic opiate detection test or non-laboratory additive detection test on school grounds, on a school bus, or at any school-sponsored event. (3) A student is not subject to civil liability or criminal prosecution if the student acts as specified in section 13-21-108.7, 13-21-108.8, or 18-1-712.

C.R.S. § 22-1-120 Rights of free expression for public school students

22-1-120. Rights of free expression for public school students. (1) The general assembly declares that students of the public schools have the right to exercise freedom of speech and of the press, and no expression contained in a student publication, whether printed, broadcast, or online, and whether or not such publication is school-sponsored, is subject to prior restraint except for the types of expression described in subsection (3) of this section. An advisor may encourage expression consistent with high standards of English and journalism. (2) If a publication written substantially by students is made generally available throughout a public school, it shall be a public forum for students of such school. (3) Nothing in this section shall be interpreted to authorize the publication or distribution in any media by students of the following: (a) Expression that is obscene; (b) Expression that is libelous, slanderous, or defamatory under state law; (c) Expression that is false as to any person who is not a public figure or involved in a matter of public concern; or (d) Expression that creates a clear and present danger of the commission of unlawful acts, the violation of lawful school regulations, or the material and substantial disruption of the orderly operation of the school or that violates the rights of others to privacy or that threatens violence to property or persons. (4) The board of education of each school district shall adopt a written publications code, which shall be consistent with the terms of this section, and shall include reasonable provisions for the time, place, and manner of conducting free expression within the school district's jurisdiction. The publications code shall be distributed, posted, or otherwise made available to all students and teachers at the beginning of each school year. (5) (a) Student editors of school-sponsored student publications shall be responsible for determining the news, opinion, and advertising content of their publications subject to the limitations of this section. It shall be the responsibility of the publications advisor of school-sponsored student publications within each school to supervise the production of such publications and to teach and encourage free and responsible expression and professional standards for English and journalism. (b) For the purposes of this section, "publications advisor" means a person whose duties include the supervision of school-sponsored student publications. (6) If participation in a school-sponsored publication is part of a school class or activity for which grades or school credits are given, the provisions of this section shall not be interpreted to interfere with the authority of the publications advisor for such school-sponsored publication to establish or limit writing assignments for the students working with the publication and to otherwise direct and control the learning experience that the publication is intended to provide. (7) No expression made by students in the exercise of freedom of speech or freedom of the press shall be deemed to be an expression of school policy, and no school district or employee, or parent, or legal guardian, or official of such school district shall be held liable in any civil or criminal action for any expression made or published by students. (8) Nothing in this section limits the promulgation or enforcement of lawful school regulations designed to control gangs. For the purposes of this section, "gang" has the same meaning as set forth in section 19-2.5-102. (9) A public school employee must not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in the conduct authorized pursuant to this section or for refusing to infringe upon conduct that is protected by this section or the first amendment to the United States constitution.

C.R.S. § 22-1-121 Nonpublic schools - employment of personnel - notification by department of education

22-1-121. Nonpublic schools - employment of personnel - notification by department of education. (1) Prior to the employment of any person by a nonpublic school in this state, the governing board of such school may make an inquiry concerning such person to the department of education for the purpose of determining: (a) Whether such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence or deferred prosecution for: (I) A felony; or (II) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children; (b) Whether such person has been dismissed by, or has resigned from, a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which was supported by a preponderance of the evidence according to information provided to the department by a school district pursuant to section 22-32-109.7 and confirmed by the department pursuant to the provisions of section 22-2-119 (1)(b); (c) If a holder of a license or authorization pursuant to the provisions of article 60.5 of this title, whether such person's certificate, letter of authorization, authorization, or license has ever been annulled, suspended, or revoked pursuant to the provisions of section 22-60-110 (2)(b) as said section existed prior to July 1, 1999, or pursuant to article 60.5 of this title following a conviction, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children. (1.5) During the time that a person is employed by a nonpublic school in this state, the governing board of such school may make an inquiry concerning such person to the department of education for the purposes described in subsection (1) of this section. (1.7) (a) To facilitate the inquiry permitted by subsection (1) or (1.5) of this section, the governing board of a participating nonpublic school shall require an applicant or employee to submit to the governing board of the school a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee, or any third party approved by the Colorado bureau of investigation. At the request of a nonpublic school, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of an applicant or employee pursuant to this section if an approved third-party vendor is not operating within twenty miles of the nonpublic school within the law enforcement agency's jurisdiction. A school employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's or employee's information for more than thirty days unless requested to do so by the applicant or employee. The governing board shall forward the set of fingerprints together with a check to cover the direct and indirect costs of conducting a fingerprint-based criminal history record check of the applicant or employee to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The department is the authorized agency to receive and disseminate information regarding the result of any national criminal history record check. Any such national check must be handled in accordance with Pub.L. 92-544, as amended a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The department is the authorized agency to receive and disseminate information regarding the result of any national criminal history record check. Any such national check must be handled in accordance with Pub.L. 92-544, as amended. The department shall notify the governing board whether a fingerprint-based criminal history record check has identified any conviction, plea of nolo contendere, deferred sentence, or deferred prosecution described in subsection (1) of this section. (a.5) When the results of a fingerprint-based criminal history record check of an applicant or employee performed pursuant to this section reveal a record of arrest without a disposition, the governing board shall require that applicant or employee to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). (b) All costs arising from a fingerprint-based criminal history record check performed by the Colorado bureau of investigation and the federal bureau of investigation pursuant to this section or a name-based judicial record check performed pursuant to this section must be borne by the nonpublic school. The costs may be passed on to the employee or the prospective employee. (c) (Deleted by amendment, L. 2006, p. 926, § 6, effective July 1, 2006.) (2) Any information received by the governing board of a nonpublic school pursuant to subsection (1) of this section shall be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. Any person who releases information obtained pursuant to the provisions of said subsection (1) or who makes an unauthorized request for information from the department shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received from the department of education concerning information contained in the records and reports of child abuse or neglect maintained by the state department of human services shall be deemed to have violated section 19-1-307 (4), C.R.S.

C.R.S. § 22-1-122 Transportation token program - legislative declaration - eligibility - fund

22-1-122. Transportation token program - legislative declaration - eligibility - fund. (1) (a) It is the intent of the general assembly in enacting this section to improve opportunities for students to gain the knowledge and skills necessary for a successful experience in postsecondary education or as members of the work force. The general assembly finds that a student should not be compelled by the lack of transportation to remain in a school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210. It is therefore in the best interests of the citizens of the state to make transportation tokens available to eligible students to enable them to attend a public school that is not required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, and that the school district has identified as an available choice. (b) It is further the intent of the general assembly that the department of education pursue all other sources of moneys for the transportation token program created in this section, including but not limited to federal grants. (2) As used in this section, unless the context otherwise requires: (a) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (b) "Eligible student" means a student: (I) Who is enrolled in a public school in any of the first through eighth grades; (II) Who is eligible for free or reduced-cost lunch pursuant to the "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.; (III) (A) Who is enrolled in a neighborhood school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210; or (B) Who has been in attendance elsewhere in the public school system or who is entering first grade and whose parent or legal guardian has been notified that the student has been assigned to a school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210; and (IV) Who, while enrolled in the neighborhood school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210, met the attendance policies of the school district of the neighborhood school, adopted pursuant to section 22-33-104 (4). (c) "Neighborhood school" means a public school to which the school district provides transportation for the student or which is located so close to the residence of the student that the school district does not provide transportation for the student. (c.5) "Pupil enrollment count day" has the same meaning as set forth in section 22-54-103 (10.5). (d) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. (3) (a) There is hereby created in the department the transportation token program, referred to in this section as the "program", to assist a parent or legal guardian of an eligible student in transporting the student to a public school, other than a neighborhood public school, which other school is not required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, and which other school has been identified by the school district as an available choice. Pursuant to rules adopted by the state board, the parent or legal guardian of an eligible student may apply to the program to receive a transportation token for use in transporting the student to the nearest of said public schools that is not a neighborhood school. ection 22-11-405 or 22-11-406, respectively, and which other school has been identified by the school district as an available choice. Pursuant to rules adopted by the state board, the parent or legal guardian of an eligible student may apply to the program to receive a transportation token for use in transporting the student to the nearest of said public schools that is not a neighborhood school. (b) An eligible student shall continue receiving transportation tokens pursuant to this section so long as he or she continues to meet the requirements specified for an eligible student in paragraph (b) of subsection (2) of this section; except that, after the first year in which an eligible student receives transportation tokens, the requirement specified in subparagraph (III) of paragraph (b) of subsection (2) of this section shall no longer apply. An eligible student shall no longer receive transportation tokens pursuant to this section if he or she moves to another residence, the neighborhood school for which was required to implement a performance or improvement plan pursuant to section 22-11-403 or 22-11-404, respectively, during the school year preceding the year in which the student initially enrolls; except that the eligible student may receive transportation tokens in school years following initial enrollment in the new neighborhood school if he or she again meets the requirements specified for an eligible student in paragraph (b) of subsection (2) of this section. (4) The state board shall determine a monetary value for the transportation token issued at each public school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210. The monetary value may cover a portion of the transportation costs. The transportation token may take the form of, but is not limited to, subsidized tokens, passes, or fares for buses, taxis, or other forms of transportation approved by the state board. In determining the value of a transportation token, the state board shall take into account the various transportation options available to the eligible student and the distance to be traveled by the eligible student to attend a public school outside of the student's neighborhood. The transportation token used by an eligible student shall be redeemable by a transportation provider through the department. (5) The state board shall adopt rules governing the program, including but not limited to: (a) A procedure for parents and legal guardians of eligible students to apply to the department for transportation tokens; (b) A procedure to establish the value of the transportation tokens issued at each public school; and (c) A procedure for transportation providers to receive reimbursement for transportation tokens received in providing transportation to eligible students. (6) (a) The department shall ensure that for each eligible student the school district of the neighborhood school shall: (I) Timely notify the eligible student's parent or legal guardian of all options available pursuant to this section as soon as the neighborhood school is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210; and (II) Offer each eligible student's parent or legal guardian an opportunity to enroll the student in another public school within the district that is not required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, and that the school district has identified as an available choice. ect to restructuring pursuant to section 22-11-210; and (II) Offer each eligible student's parent or legal guardian an opportunity to enroll the student in another public school within the district that is not required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, and that the school district has identified as an available choice. (b) If an eligible student is enrolled before the pupil enrollment count day, the parent or legal guardian of an eligible student may choose to enroll the eligible student in and transport the eligible student to a public school in another school district that has available space. The school district shall enroll the eligible student and include the eligible student in the district's pupil enrollment for purposes of the "Public School Finance Act of 2025". (c) The public school in which an eligible student enrolls shall certify to the state board the attendance of the eligible student. (7) There is hereby created in the state treasury the transportation token fund, referred to in this subsection (7) as the "fund". The fund shall consist of all moneys appropriated to the fund by the general assembly and all other gifts, grants, donations, and other moneys obtained by the department to provide transportation assistance to parents and legal guardians of eligible students. Moneys in the fund shall be annually appropriated by the general assembly to the department to provide transportation assistance to parents and legal guardians of eligible students pursuant to this section. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain in the fund and shall not be credited or transferred to the general fund. However, in accordance with section 24-36-114, C.R.S., any interest derived from the deposit and investment of moneys in the fund shall be credited to the general fund.

C.R.S. § 22-1-123 Protection of student data - parental or legal guardian consent for surveys

22-1-123. Protection of student data - parental or legal guardian consent for surveys. (1) As used in this section, "education records" and "directory information" shall have the same meanings as those terms are defined in the federal "Family Educational Rights and Privacy Act of 1974", as amended, 20 U.S.C. sec. 1232g and "education records" shall include an individualized education program. (2) A school district shall comply with the provisions of 20 U.S.C. sec. 1232g (a) and 34 CFR 99 if a parent or legal guardian of a student either requests the education records of the student or requests an amendment or other change to the education records after reviewing them. (3) A school district shall not release the education records of a student to any person, agency, or organization without the prior written consent of the parent or legal guardian of the student except as otherwise permitted in 20 U.S.C. sec. 1232g (b). (4) A school district shall not release directory information to any person, agency, or organization without first complying with the provisions of 20 U.S.C. sec. 1232g (a)(5)(B) related to allowing a parent or legal guardian to prohibit such release without prior consent. (5) (a) A school district shall comply with 20 U.S.C. sec. 1232h. A school or school district employee who requires participation in a survey, assessment, analysis, or evaluation in a public school's curriculum or other official school activity shall obtain the written consent of a student's parent or legal guardian before giving the student any survey, assessment, analysis, or evaluation intended to reveal information, whether the information is personally identifiable or not, concerning the student or the student's parent's or legal guardian's: (I) Political affiliations; (II) Mental and psychological conditions potentially embarrassing to the student or the student's family; (III) Sexual behavior and attitudes; (IV) Illegal, anti-social, self-incriminating, or demeaning behavior; (V) Critical appraisals of individuals with whom a student has close family relationships; (VI) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and members of the clergy; (VII) Income, except as required by law; (VIII) Social security number; or (IX) Religious practices, affiliations, or beliefs. (b) The requirement of written consent pursuant to this subsection (5) applies throughout a public school's curriculum and other school activities; except that the requirement of written consent does not apply to a student's participation in an assessment administered pursuant to part 10 of article 7 of this title. In implementing this subsection (5), the school or school district and employees shall ensure that their first responsibility is to students and their parents and shall allow only minimal use of students' academic time by institutions, agencies, or organizations outside the school or school district to gather information from students. t administered pursuant to part 10 of article 7 of this title. In implementing this subsection (5), the school or school district and employees shall ensure that their first responsibility is to students and their parents and shall allow only minimal use of students' academic time by institutions, agencies, or organizations outside the school or school district to gather information from students. (c) Written consent pursuant to this subsection (5) is valid only if the school district has given a parent or legal guardian written notice of the survey, assessment, analysis, or evaluation, has made a copy of the document available for viewing at convenient locations and times, and has given the parent or legal guardian at least two weeks, after receipt of the written notice, to obtain written information concerning: (I) Records or information that may be examined and requested in the survey, analysis, or evaluation; (II) The means by which the records or information shall be examined reviewed, or disseminated; (III) The means by which the information is to be obtained; (IV) The purposes for which the records or information is needed; (V) The entities or persons, regardless of affiliation, who will have access to the information; and (VI) A method by which a parent or legal guardian of a student can grant or deny permission to access or examine the records or information. (d) Nothing in this subsection (5) shall be construed to prevent a public school employee from reporting known or suspected child abuse or neglect pursuant to section 19-3-304, C.R.S. (e) Nothing in this subsection (5) shall be construed to prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, analysis, or evaluation without obtaining the written consent of such student's parent or legal guardian as long as such participation without parental consent is not otherwise prohibited by federal law. (f) Nothing in this subsection (5) shall be construed to limit the ability of a health professional who is acting as an agent of the school district from evaluating an individual child. (g) Nothing in this subsection (5) limits the ability of a school district to administer a suicide assessment or threat assessment. (6) If a school district sends a form to a parent or legal guardian requesting written consent for the school district to release personally identifiable information concerning that parent's or legal guardian's child in education records other than directory information, such consent shall be valid under this section only if the form contains notice to the parent or legal guardian regarding: (a) The specific records to be released; (b) The specific reasons for such release; (c) The specific identity of any person, agency, or organization requesting such information and the intended uses of the information; (d) The method or manner by which the records will be released; and (e) The right to review or to receive a copy of the relevant records to be released. (7) (a) Consent for release of information pursuant to this section shall be valid only for the specific instance for which it was given. (b) A general consent for a student to participate in any course or part of a course, in a school activity, in any special education program, or in any other school program does not constitute written consent pursuant to this section. t records to be released. (7) (a) Consent for release of information pursuant to this section shall be valid only for the specific instance for which it was given. (b) A general consent for a student to participate in any course or part of a course, in a school activity, in any special education program, or in any other school program does not constitute written consent pursuant to this section. (c) Consent forms obtained pursuant to this section shall be retained by the school district. (8) Any right accorded to a parent or legal guardian pursuant to this section shall transfer to the relevant student when that student attains the age of eighteen years. (9) A school district shall, at the beginning of each academic year, provide to a parent or legal guardian of each student in the school district written notice of the rights contained in this section. (10) The provisions of this section shall apply to any public school in the state, regardless of whether the public school receives any federal funds. (11) The state board of education shall adopt such rules as may be necessary to implement this section. (12) If an individual licensed, certified, endorsed, or authorized by the state board is found by the state board to have knowingly and intentionally violated the provisions of this section, the department of education may suspend or revoke such individual's license, master certificate, endorsement, or authorization for a period not less than ninety days. (13) Nothing in this section shall be construed to prevent a school or a school district from releasing education records to the extent authorized by 20 U.S.C. sec. 1232g (b) and any other applicable federal law.

C.R.S. § 22-1-124 Sex offender information

22-1-124. Sex offender information. At the beginning of each school year, each public school in the state shall provide to the parents of children attending the school a statement identifying where and the procedures by which members of the community may obtain the law enforcement agency information collected pursuant to section 16-22-110 (6), C.R.S., concerning registered sex offenders. In addition, a school may post the statement on a website.

C.R.S. § 22-1-125 Automated external defibrillators in public schools

22-1-125. Automated external defibrillators in public schools. (Repealed)

C.R.S. § 22-1-125.5 Requirement for certification of public school athletic coaches in cardiopulmonary resuscitation - use of automated external defibrillators - definitions

22-1-125.5. Requirement for certification of public school athletic coaches in cardiopulmonary resuscitation - use of automated external defibrillators - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Currently certified in CPR" means that the person has completed training in cardiopulmonary resuscitation from a nationally recognized evidence-based certification program within the preceding two years. (b) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title, or a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools. (c) "State board of education" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. (2) No later than January 1, 2015, coaches of athletic programs employed by local education providers must be currently certified in CPR and must have received instruction in the effective use of an automated external defibrillator. The state board shall promulgate rules concerning the coaching staff positions that are included in this requirement. (3) Nothing in this section abrogates or limits: (a) The protections applicable to: (I) Any person or entity that renders emergency assistance through the use of an automated external defibrillator pursuant to section 13-21-108.1 and article 53 of title 25; or (II) Volunteers and board members pursuant to sections 13-21-115.7 and 13-21-116, C.R.S.; or (b) The limits or protections applicable to public entities and public employees pursuant to the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.

C.R.S. § 22-1-126 Safe2tell program

22-1-126. Safe2tell program. As described in section 24-31-606, C.R.S., there is established the safe2tell program with the primary purpose of providing students and the community with the means to relay information anonymously concerning unsafe, potentially harmful, dangerous, violent, or criminal activities, or the threat of these activities, to appropriate law enforcement and public safety agencies and school officials.

C.R.S. § 22-1-127 Incentives for school enrollment or attendance - prohibited - exceptions - definitions

22-1-127. Incentives for school enrollment or attendance - prohibited - exceptions - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Item of value" means an item, cash, or an instrument or device that can be used to obtain cash, credit, property, services, or any other thing of value, which item, cash, or instrument or device exceeds twenty dollars in value. (b) "Local education provider" means: (I) A school district, other than a local college district, organized and existing pursuant to law; (II) A board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools; (III) A public school of a school district, including but not limited to a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title; (IV) An institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title; and (V) The state charter school institute established in section 22-30.5-503. (c) "Parent" means the biological or adoptive mother or father or stepmother or stepfather of a child or any other person having legal or physical custody of a child. (2) A local education provider shall not offer or provide to a school-aged child or the child's parent an item of value prior to, upon, or after enrolling in or attending an educational program operated by the local education provider unless: (a) The local education provider makes the item of value available to the child continuously or at regular intervals throughout the school year and ceases providing the item of value if the child leaves the education program prior to the end of the school year; (b) The local education provider awards the item of value at the end of the school year or upon matriculation in recognition of student performance; or (c) The local education provider pays the item of value to the school-aged child or to his or her parent in exchange for services rendered by the child or by the child's parent at the request of the local education provider. For purposes of this paragraph (c), "services rendered" does not include school attendance or enrollment.

C.R.S. § 22-1-128 Comprehensive human sexuality education - legislative declaration - definitions - guidelines and content standards

22-1-128. Comprehensive human sexuality education - legislative declaration - definitions - guidelines and content standards. (1) (a) The general assembly hereby finds and declares that: (I) Colorado youth have a right to receive medically and scientifically accurate information to empower them to make informed decisions that promote their individual physical and mental health and well-being; (II) This right applies to all youth, regardless of geographic location, ethnic or racial background, family income, physical or intellectual ability, sexual orientation, or gender expression; (III) Parents, caregivers, community organizations, and other trusted adults serve as an essential part of the education process and may rely on health, education, and other professionals to provide evidence-based information that empowers youth to make decisions that are consistent with their own values and life goals; (IV) The information, education, and skills that Colorado youth receive during their formative years provide the foundation for responsible decision-making about personal behaviors and important life decisions throughout the rest of their lives; (V) It is important for youth to understand the consequences of the inconsistent or improper use of sexual abstinence, birth control, or condoms. All comprehensive human sexuality education must stress the importance of the correct and consistent use of sexual abstinence, birth control, and condoms to prevent pregnancy and sexually transmitted infections; (VI) The decisions an individual makes regarding his or her sexual and reproductive health impact the public health and welfare of the community in which the individual lives; (VII) When compared to the national average, Colorado has a lower rate of teen births and a lower rate of certain sexually transmitted infections, according to the centers for disease control and prevention and the Colorado department of public health and environment. In spite of this data, Colorado youth still face many barriers in obtaining the medically accurate information and resources they need to make informed and responsible decisions and lead healthy lives. (VIII) According to the centers for disease control and prevention, evidence-based, medically accurate, age-appropriate, culturally sensitive, and comprehensive sexuality education programs have been proven to help youth delay the onset of sexual activity, decrease the frequency of sexual activity, reduce the number of sexual partners, and increase condom and contraceptive use; (IX) Sexual violence and teen dating violence is a pervasive and serious public health issue, placing teen victims at increased risk for adolescent pregnancy, sexually transmitted infections, low academic performance, truancy, dropout, and other harmful behaviors; (X) According to the centers for disease control and prevention, these changes in behavior help prevent unintended pregnancy and the spread of sexually transmitted infections; (XI) The Colorado general assembly passed House Bill 07-1292, enacted in 2007, to establish content standards for the provision of human sexuality courses taught in public schools throughout the state; (XII) The Colorado general assembly passed the "Public Health Reauthorization Act", Senate Bill 08-194, enacted in 2008, to create a statewide public health improvement plan to eliminate geographic-based and other disparities in the accessibility and availability of services through the state's public health agencies; (XIII) The Colorado general assembly passed the "Preschool to Postsecondary Education Alignment Act", Senate Bill 08-212, enacted in 2008, which states that all school district standards must meet or exceed established state standards, and that school districts must adopt curriculum and assessments that are consistent with these standards; and services through the state's public health agencies; (XIII) The Colorado general assembly passed the "Preschool to Postsecondary Education Alignment Act", Senate Bill 08-212, enacted in 2008, which states that all school district standards must meet or exceed established state standards, and that school districts must adopt curriculum and assessments that are consistent with these standards; and (XIV) In 2009, the Colorado state board of education adopted academic content standards for comprehensive health education that support youth in making informed and responsible decisions about their health and in having access to the tools they need to live healthy lives. (b) The general assembly further finds and declares that: (I) There is a need to continue and expand efforts to ensure that all young people in Colorado have access to evidence-based, medically accurate, culturally sensitive, and age-appropriate comprehensive sexuality education, information, and resources to guide them in making informed decisions about their health and relationships. Additionally, schools need to promote healthy relationships through age-appropriate, culturally sensitive, and comprehensive human sexuality education, including providing information and resources for early intervention and response strategies to teen dating violence. (II) The state of Colorado and eligible state agencies and other organizations must pursue funding and other federal support to implement comprehensive human sexuality education programs; (III) The provisions of sexual and reproductive health education that incorporate comprehensive, evidence-based, culturally sensitive, and age-appropriate standards can result in youth delaying sexual activity until they are ready, avoiding unwanted consequences of sexual behavior, learning medically accurate information about their health, and promoting positive youth-friendly messages concerning growth, development, body image, gender roles, and all aspects related to healthy, safe relationships and sexual behavior; and (IV) Broad-based community partnerships are essential when developing policies and implementing programs that affect the sexual and reproductive health of Colorado's youth. (2) As used in this section, unless the context otherwise requires: (a) "Age-appropriate" means topics, messages, and teaching methods suitable to a particular age or age group, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. (b) "Comprehensive human sexuality education" means medically accurate information about all methods to prevent unintended pregnancy and sexually transmitted infections, including HIV, and the link between human papillomavirus and cancer, and other types of cancer involving the human reproductive systems, including prostate, testicular, ovarian, and uterine cancer. Methods must include information about the correct and consistent use of abstinence, contraception, condoms, other barrier methods, and other prevention measures. Additional contents of comprehensive human sexuality education must include: (I) Encouraging family communication about sexuality; (II) Focusing on the development of safe relationships, including the prevention of sexual violence in dating and teaching young people how to recognize and respond safely and effectively in situations where sexual or physical violence may be occurring or where there may be a risk for these behaviors to occur; and (III) Teaching young people how alcohol and drug use can affect responsible decision-making. (b.5) "Consent" means the affirmative, unambiguous, voluntary, continuous, knowing agreement between all participants in each physical act within the course of a sexual encounter or interpersonal relationship. ysical violence may be occurring or where there may be a risk for these behaviors to occur; and (III) Teaching young people how alcohol and drug use can affect responsible decision-making. (b.5) "Consent" means the affirmative, unambiguous, voluntary, continuous, knowing agreement between all participants in each physical act within the course of a sexual encounter or interpersonal relationship. (c) "Culturally sensitive" means the integration of knowledge about individuals and groups of people into specific standards, requirements, policies, practices, and attitudes used to increase the quality of services. "Culturally sensitive" includes resources, references, and information that are meaningful to the experiences and needs of communities of color; immigrant communities; lesbian, gay, bisexual, and transgender communities; people who are intersex; people with physical or intellectual disabilities; people who have experienced sexual victimization; and others whose experiences have traditionally been left out of sexual health education, programs, and policies. (d) "Evidence-based program" means a program that: (I) Was evaluated using a rigorous research design, including: (A) Measuring knowledge, attitude, and behavior; (B) Having an adequate sample size; (C) Using sound research methods and processes; (D) Replicating in different locations and finding similar evaluation results; and (E) Publishing results in a peer-reviewed journal; (II) Research has shown to be effective in changing at least one of the following behaviors that contribute to early pregnancy and sexually transmitted infections, including HIV: (A) Delaying sexual initiation; (B) Reducing the frequency of sexual intercourse; (C) Reducing the number of sexual partners; or (D) Increasing the use of condoms and other contraceptives. (d.3) "Gender stereotype" means a generalized view or preconception about what attributes, characteristics, or roles are, or ought to be, taught, possessed by, or performed by women and men. (d.5) "Healthy relationship" means an interpersonal relationship that is free of physical, sexual, and emotional abuse, coercion, and violence. (d.7) "Human sexuality instruction" or "instruction" means an oral, written, or digital lesson, lecture, or presentation given by school staff or nonschool staff that teaches about abstinence or sexual activity in the context of student health or healthy relationships. Instruction does not include student speech. (d.9) "Medically accurate" means verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate, objective, and unbiased by the American Public Health Association, the American Academy of Pediatrics, or the American College of Obstetricians and Gynecologists. (e) "Positive youth development" means an approach that emphasizes the many positive attributes of young people and focuses on developing inherent strengths and assets to promote health. Positive youth development is culturally sensitive, inclusive of all youth, collaborative, and strength-based. (f) "Sexual abstinence" means not engaging in oral, vaginal, or anal intercourse or genital skin-to-skin contact. (3) Except as otherwise provided in subsection (6) of this section, a school district, board of cooperative services, charter school, or institute charter school that offers a planned curriculum that includes comprehensive human sexuality education shall provide to the parent or guardian of each student, prior to commencing the planned curriculum: (a) Written notification of the ability to excuse a student, without penalty or additional assignment, from that portion of the planned curriculum that includes comprehensive human sexuality education, upon the written request of the student's parent or guardian; and sive human sexuality education shall provide to the parent or guardian of each student, prior to commencing the planned curriculum: (a) Written notification of the ability to excuse a student, without penalty or additional assignment, from that portion of the planned curriculum that includes comprehensive human sexuality education, upon the written request of the student's parent or guardian; and (b) A detailed, substantive outline of the topics and materials to be presented in that portion of the planned curriculum related to comprehensive human sexuality education. (4) Nothing in this section shall be construed to require an act or procedure in addition to the signature of the parent or guardian to excuse a student from a planned curriculum related to comprehensive human sexuality education. (5) Each school district board of education, board of cooperative services, charter school, or institute charter school is encouraged to disseminate policies or instructions to the public schools of the school district, or board of cooperative services, or appropriate staff of the charter school or institute charter school to ensure the implementation of the provisions of this section in a manner that will not draw undue attention to, nor cause undue embarrassment for, students excused from a planned curriculum related to comprehensive human sexuality education. (6) Human sexuality instruction is not required. However, if a school district, board of cooperative services, charter school, or institute charter school offers human sexuality instruction, the instruction must be comprehensive and meet the comprehensive human sexuality education content requirements. These requirements must: (a) Encourage parental involvement and family communication; (b) Include medically accurate information about methods to prevent unintended pregnancy and sexually transmitted infections, including HIV/AIDS, and the link between human papillomavirus and cancer. Methods taught shall include information about the correct and consistent use of abstinence, contraception, including all FDA approved forms of contraception, condoms, and other barrier methods and must be taught in a cohesive, integrated, objective manner so that youth learn the full scope of preventive methods available to them and are empowered to decide for themselves which preventive methods are best suited for their individual needs, beliefs, and values. (c) Promote the development of healthy relationships by providing human sexuality instruction on: (I) How to communicate consent, recognize communication of consent, recognize withdrawal of consent, and understand age of consent as it relates to section 18-3-402; (II) How to avoid making unwanted verbal, physical, and sexual advances; (III) How to avoid making assumptions about a person's supposed sexual intentions based on that person's appearance or sexual history; and (IV) How to avoid pursuing a sexual encounter with a person or persuading a person to participate in a sexual encounter when that person has not provided consent or has withdrawn consent; (d) Include discussions and information on how to recognize and respond safely and effectively in situations where sexual or physical violence may be occurring or where there may be a risk for these behaviors to occur; (e) Include discussion of how alcohol and drug use impairs responsible and healthy decision-making; (f) Be comprehensive, age-appropriate, culturally sensitive, inclusive of a positive youth development framework, and medically accurate; (g) Provide instruction about the health benefits and potential side effects of using contraceptives and barrier methods to prevent pregnancy, including instruction regarding emergency contraception and the availability of contraceptive methods; cision-making; (f) Be comprehensive, age-appropriate, culturally sensitive, inclusive of a positive youth development framework, and medically accurate; (g) Provide instruction about the health benefits and potential side effects of using contraceptives and barrier methods to prevent pregnancy, including instruction regarding emergency contraception and the availability of contraceptive methods; (h) For school districts that have established a character education program pursuant to section 22-29-103, promote the guidelines of behavior established in the character education program; (i) Not emphasize sexual abstinence as the primary or sole acceptable preventive method available to students. A school district, board of cooperative services, charter school, or institute charter school shall not engage the instructional services of an organization or individual that is a direct or indirect recipient of money from the federal government pursuant to 42 U.S.C. sec. 710, as amended, because the guidelines of 42 U.S.C. sec. 710 are inconsistent with the provisions of this section. (j) Provide age-appropriate information concerning sections 18-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally as "safe haven laws", relating to the safe abandonment of a child to a firefighter at a fire station or to a staff member at a hospital or a community clinic emergency center within the first seventy-two hours of the child's life. (6.5) Comprehensive human sexuality education does not require instruction on pregnancy outcome options. However, if a school district, board of cooperative services, charter school, or institute charter school opts to provide instruction on pregnancy outcome options, the instruction must cover all pregnancy outcome options, including but not limited to adoption, abortion, parenting, and information concerning sections 18-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally as "safe haven laws". Instruction on pregnancy outcome options must be provided in an objective, unbiased manner and must not endorse or favor one or more pregnancy outcome options. (7) (a) Nothing in subsection (6) or (6.5) of this section shall be interpreted to prohibit discussion of health, moral, ethical, or religious values as they pertain to comprehensive human sexuality, healthy relationships, or family formation. Such discussion is encouraged. (b) However, human sexuality instruction must not explicitly or implicitly: (I) Use shame-based or stigmatizing language or instructional tools; (II) Employ gender stereotypes; or (III) Exclude the health needs of intersex individuals or lesbian, gay, bisexual, or transgender individuals. (8) Public schools, school districts, boards of cooperative services, charter schools, and institute charter schools are encouraged to involve teachers, school nurses, parents, and community members in the development of the requirements for comprehensive human sexuality curriculum required by subsection (6) of this section and to integrate available community resources into programs related to comprehensive human sexuality education. boards of cooperative services, charter schools, and institute charter schools are encouraged to involve teachers, school nurses, parents, and community members in the development of the requirements for comprehensive human sexuality curriculum required by subsection (6) of this section and to integrate available community resources into programs related to comprehensive human sexuality education. (9) A school district, board of cooperative services, charter school, or institute charter school that has received, prior to July 1, 2013, direct or indirect funding from the federal government for the provision of an abstinence education program pursuant to 42 U.S.C. sec. 710 is not required to adopt requirements for comprehensive human sexuality curriculum for the provision of such instruction as described in this section for the year or years for which the school district, board of cooperative services, charter school, or institute charter school received such funding. On July 1, 2013, or thereafter, a school district, board of cooperative services, charter school, or institute charter school shall not use any direct or indirect funding from the federal government for the provision of an abstinence education program pursuant to 42 U.S.C. sec. 710. A school district, board of cooperative services, charter school, or institute charter school may use federal moneys for human sexuality education, as long as the human sexuality program of the school district board of cooperative services, charter school, or institute charter school meets the comprehensive human sexuality education model set forth in this section. (10) Nothing in this section shall require amending any content standards related to comprehensive human sexuality education developed by the department and adopted by the state board prior to July 1, 2013. (11) The provisions of this section shall not apply to students in kindergarten through third grade. (12) A school district, board of cooperative services, charter school, or institute charter school may seek grant money pursuant to article 44 of title 25 to implement the comprehensive human sexuality education content requirements set forth in this section. However, compliance with this section is not contingent upon receipt of grant money pursuant to article 44 of title 25, nor is it contingent on receipt of any other state or federal funds, or public or private gifts, grants, or donations.

C.R.S. § 22-1-129 Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - grants - definitions - rules

22-1-129. Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - grants - definitions - rules. (1) As used in this section, unless the context otherwise requires: (a) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (b) Repealed. (c) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title, or a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools. (d) "Psychomotor skills development" means the use of hands-on practice that supports cognitive learning. (e) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. (2) On and after September 1, 2014, each local education provider may apply for a grant or grants to provide instruction to students in any of grades nine through twelve and school staff in any of grades nine through twelve in cardiopulmonary resuscitation and the use of an automated external defibrillator. The instruction funded pursuant to this section must include a nationally recognized, psychomotor-skills-based instructional program that reflects current, national, evidence-based, emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator. The department shall administer the grant program pursuant to state board rules adopted pursuant to subsection (3) of this section. (3) The state board shall promulgate rules concerning the grants awarded pursuant to this section, which rules must include, at a minimum: (a) The process by which a local education provider may apply for and receive grant moneys pursuant to this section, including application requirements and deadlines; (b) The number and amount of each grant and whether grants moneys will be awarded in the order applications are received or through some other method; (c) The process for achieving a balanced distribution of grant moneys to applicants including rural, urban, and suburban local education providers; and (d) Procedures for monitoring a local education provider's compliance with the provisions of this section and specifically that moneys awarded pursuant to this section are used for reasonable costs associated with psychomotor-skills-based cardiopulmonary resuscitation training and training on the use of automated external defibrillators, including but not limited to training materials and the temporary employment of cardiopulmonary resuscitation instructors or other trainers qualified to teach skills-based cardiopulmonary resuscitation training. (4) Notwithstanding any other provision of this section to the contrary, the department shall not award grants pursuant to this section unless the department determines that it has received sufficient money through appropriations or gifts, grants, and donations to implement the program. (5) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section; except that the department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. Nothing in this section requires the department to solicit money for purposes of implementing this section. (6) Repealed.

C.R.S. § 22-1-129.5 Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - guidelines and content standards - definition

22-1-129.5. Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - guidelines and content standards - definition. (1) Each public school in the state is strongly encouraged to adopt curriculum for instruction to students in grades nine through twelve on cardiopulmonary resuscitation and the use of an automated external defibrillator. The curriculum must include a training and education program included on the list maintained by the office of cardiac arrest management pursuant to section 25-53-202, and the instruction must: (a) Incorporate the psychomotor skills necessary to perform cardiopulmonary resuscitation; and (b) Use an automated external defibrillator. (2) As used in this section, "psychomotor skills" means skills using hands-on practice to support cognitive learning.

C.R.S. § 22-1-130 Notice to parents of alleged criminal conduct by school employees - legislative declaration - definitions

22-1-130. Notice to parents of alleged criminal conduct by school employees - legislative declaration - definitions. (1) (a) The general assembly finds that: (I) It is the right and responsibility of parents to guide the education and upbringing of their children; (II) An essential role of parents in ensuring the safety and quality of their children's education is to remain active, engaged, and fully informed about what is occurring in their children's classrooms and within the school environment; (III) Ensuring the safety of school children is one of the primary responsibilities of state and local government, law enforcement, and school communities; (IV) In order to ensure a safe school environment that is conducive to learning, students and parents must be assured that criminal behavior that is harmful to children is reported and dealt with appropriately and in a manner that is transparent to parents and the school community; and (V) Parents are understandably concerned when law enforcement agencies make accusations about school employees at their children's schools. (b) Therefore, the general assembly declares that it is appropriate to require a public school to notify parents of school children when a school employee is charged with certain crimes that may put children at risk. (2) As used in this section, unless the context otherwise requires: (a) "Employee" means an employee of a local education provider whose employment requires or required the employee to be in contact with students or whose work area gives or gave the employee access to students. "Employee" includes a former employee if the employee was employed by the local education provider at any time within twelve months before an offense is charged. If a school district, district charter school, or institute charter school has contracted with a private entity to operate an online school, the employee of the private entity is deemed to be an employee of the school district, district charter school, or institute charter school for purposes of this section. (b) "Local education provider" means a school district, a board of cooperative services, a charter school collaborative, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, and a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22. (c) "Parent" means the biological or adoptive parent or the legal guardian or legal custodian of a student enrolled in a local education provider at the time notification is made pursuant to this section. (3) (a) Pursuant to section 22-2-119 (4)(b), local education providers routinely receive reports from the Colorado bureau of investigation relating to employees who have previously been subject to a background check. If a local education provider receives a report from the Colorado bureau of investigation that includes information that an employee has been arrested for an offense described in subsection (3)(b) of this section, the local education provider shall monitor the criminal proceedings to determine whether the employee is charged with an offense described in subsection (3)(b) of this section and whether a preliminary hearing has been held if the charge is eligible for a preliminary hearing. that includes information that an employee has been arrested for an offense described in subsection (3)(b) of this section, the local education provider shall monitor the criminal proceedings to determine whether the employee is charged with an offense described in subsection (3)(b) of this section and whether a preliminary hearing has been held if the charge is eligible for a preliminary hearing. (b) The local education provider shall notify parents, as provided in subsection (4) of this section, if an employee is charged, as that term is defined in section 16-1-104 (6), with: (I) Felony child abuse, as specified in section 18-6-401; (II) A crime of violence, as defined in section 18-1.3-406, not including assault in the second degree unless the victim is a child; (III) A felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9); (IV) A felony, where it is alleged that the underlying factual basis of which includes an act of domestic violence, as defined in section 18-6-800.3; (V) Felony indecent exposure, as described in section 18-7-302; or (VI) A felony drug offense described in part 4 of article 18 of title 18 that is a level 1 or level 2 drug felony. (4) (a) Within two school days after the preliminary hearing is held or is waived or deemed waived by the employee, or within two school days after the date on which the employee is charged, if the charged offense is not eligible for a preliminary hearing, the local education provider shall provide notice to parents pursuant to subsection (5) of this section. (b) If the local education provider has already provided notice to parents that substantially conforms with the notice requirements set forth in subsection (5) of this section, the local education provider need not provide additional notice pursuant to the provisions of this section. (c) The local education provider must provide notice to the parents of a student: (I) Enrolled in the public school in which the employee is employed or was employed at the time of the alleged offense; or (II) With whom the local education provider has reason to believe the employee may have had contact as part of his or her employment with the local education provider. (d) The local education provider shall provide the required notice to parents in the same manner by which the local education provider notifies parents of important school business, which may include e-mail notification or other electronic communication sent directly to parents or by first-class mail. Within two school days after the local education provider confirms the disposition of the charge, the local education provider shall provide notice to parents of the disposition of the charge using the same notification method used in the original notice to parents. (e) Notwithstanding the provisions of subsection (4)(a) of this section to the contrary, if a delay in parent notification is requested by the appropriate law enforcement agency, the local education provider shall delay notification to parents until the request is withdrawn. (f) A local education provider shall notify parents pursuant to this section regardless of whether the actions giving rise to the charge occurred while the employee was on duty. (g) The board or governing body of the local education provider shall establish policies to comply with the provisions of this section when school is not in session. (5) (a) The local education provider's notification to parents of a charge brought against an employee must include the following: (I) The name of the employee; (II) The employee's position; (III) Whether the employee continues to be employed by the local education provider; (IV) The length of employment with the local education provider; (V) The alleged offense as set forth in the charging document, including the violation of statute or code; and (VI) A statement that, under state and federal law, a person is presumed innocent until proven guilty. ; (II) The employee's position; (III) Whether the employee continues to be employed by the local education provider; (IV) The length of employment with the local education provider; (V) The alleged offense as set forth in the charging document, including the violation of statute or code; and (VI) A statement that, under state and federal law, a person is presumed innocent until proven guilty. (b) A local education provider may provide additional information to parents regarding the underlying facts or circumstances relating to the charge but shall not disclose the identity of the alleged victim. (6) Each local education provider shall incorporate the notification requirements set forth in this section as part of a safe school plan required pursuant to section 22-32-109.1, as applicable.

C.R.S. § 22-1-131 Online instruction - student protections - short title - definitions

22-1-131. Online instruction - student protections - short title - definitions. (1) The short title of this section is "Isaiah's Law". (2) As used in this section, unless the context otherwise requires: (a) "Local education provider" means a school district created pursuant to article 30 of this title 22, a board of cooperative services created pursuant to article 5 of this title 22, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, or an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22. (b) "Online instruction" means the delivery of educational programming via an internet format by a local education provider to a student who is enrolled in the local education provider and is receiving the educational programming at a location that is remote from a school. "Online instruction" includes, but is not limited to, educational programming delivered through an online program, as defined in section 22-30.7-102 (9); an online school, as defined in section 22-30.7-102 (9.5); and a supplemental online education course, as defined in section 22-2-130 (2)(f). (c) "Parent" means a biological parent, adoptive parent, legal guardian, or any other person having legal custody of a child. (3) A local education provider that delivers educational programming to a student using online instruction shall not: (a) Prohibit or attempt to prohibit the student's parent from being in the same room as the student while the student participates in online instruction or otherwise suggest that the parent should not be in the same room while the student participates in online instruction; except that the person leading the online instruction may require a student's parent to leave the area if the parent continues to actively engage in behavior that disrupts the student or the class after the person leading the online instruction asks the parent to discontinue the behavior; (b) Require a student to use a camera to provide a live digital image of the student while the student participates in online instruction if the student's technology does not allow for such use of a camera. (4) A local education provider shall not suspend or expel a student based on the presence of an item that an employee of the local education provider observes within the student's physical environment while the student is participating in online instruction or based on the student's behavior while participating in online instruction; except that a local education provider may suspend a student in accordance with sections 22-33-105 and 22-33-106.

C.R.S. § 22-1-132 Seizure safe schools - action plan - training - rules - short title - definitions

22-1-132. Seizure safe schools - action plan - training - rules - short title - definitions. (1) The short title of this section is "Joey's Law". (2) As used in this section, unless the context otherwise requires: (a) "Appropriate staff" means one or more employees of the school whom the principal or equivalent executive, in consultation with the school nurse or health-care practitioner, determines to be the appropriate recipient or recipients of free seizure recognition and first aid training developed by recognized sources on epilepsy and seizure disorders, as identified by the department of education. "Appropriate staff" may include but need not be limited to employees who have direct contact with and supervision of students who have a seizure disorder. (b) "Designated employee" means an employee of the school who is designated and trained by the school nurse or health-care practitioner on how to administer or assist with the administration of seizure treatment and medications, seizure rescue medications, and manual vagus nerve stimulation. (c) "School" means a public school in the state that enrolls students in any of grades kindergarten through twelfth grade, including a traditional public school of a school district; a charter school of a school district; an institute charter school; or an approved facility school, as defined in section 22-2-402 (1); or a nonpublic school that enrolls students in any of grades kindergarten through twelfth grade. (d) "Seizure action plan" means a written, individualized seizure action plan for a specific student, created by the school nurse or health-care practitioner, in conjunction with student's parent or legal guardian and the student's physician, as appropriate, that is designed to acknowledge and prepare for the health-care needs of a student diagnosed with a seizure disorder. The seizure action plan must be in accordance with the guidelines developed by the department of education. (e) "Seizure disorder" means a medical condition, including epilepsy, in which episodes of uncontrolled activity in the brain produce symptoms that produce one or more seizures. (3) (a) If a student has a diagnosed seizure disorder and the student might need medical intervention with seizure-related care in a school setting or school activity, the student's parent or legal guardian is encouraged to create, in conjunction with school personnel, sign, and submit to the student's school an individualized seizure action plan for the student. The school nurse or health-care practitioner shares responsibility with the school administrators for the management of the student's seizure disorder while the student is at school, during any school-sponsored activities, and while in transit to or from school or school-sponsored activities if the student is being transported by school district personnel. (b) A public school shall, and a nonpublic school is encouraged to, follow the school district's or public school's medication policy in approving any individualized seizure action plan submitted pursuant to subsection (3)(a) of this section and ensuring that the individualized seizure action plan is in accordance with the "Nurse and Nurse Aide Practice Act", article 255 of title 12. (c) A student's parent or legal guardian is encouraged to submit the required information for the student's individualized seizure action plan or an amended seizure action plan to the student's school: (I) At the beginning of the school year or upon the student's enrollment; (II) As soon as practicable following the student's diagnosis of a seizure disorder; or (III) If a student's health status changes significantly during the school year. ouraged to submit the required information for the student's individualized seizure action plan or an amended seizure action plan to the student's school: (I) At the beginning of the school year or upon the student's enrollment; (II) As soon as practicable following the student's diagnosis of a seizure disorder; or (III) If a student's health status changes significantly during the school year. (d) A student's parent or legal guardian is encouraged to inform the student's school, in a timely manner, of any changes needed to the student's individualized seizure action plan or emergency contact information. (4) (a) Within sixty days after the beginning of the 2021-22 academic year and each year thereafter, each public school shall, and each nonpublic school is encouraged to, provide training to one or more appropriate staff on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (b) No later than eight weeks after the school is notified of a student who has been diagnosed with a seizure disorder or the receipt of an individualized seizure action plan signed by the student's parent or legal guardian, whichever is later, each public school shall, and each nonpublic school is encouraged to, have at least one designated employee who has met the training requirements necessary to administer or assist with the administration of seizure treatment medications, seizure rescue medications, and manual vagus nerve stimulation. (c) Any programs or guidelines adopted pursuant to this subsection (4) to train school personnel in the health-care needs of students who have been diagnosed with a seizure disorder must be consistent with programs and guidelines developed by recognized sources on epilepsy and seizure disorders and developed in consultation with a state organization that represents school nurses, as identified by the department of education. (d) On or before December 31, 2021, the state board of education, with assistance from recognized sources on epilepsy and seizure disorders, and in consultation with a state organization that represents school nurses shall promulgate rules for individualized seizure action plans, including training and seizure care guidelines.

C.R.S. § 22-1-133 Prohibition on use of American Indian mascots - exemptions - definitions

22-1-133. Prohibition on use of American Indian mascots - exemptions - definitions. (1) As used in this section, unless the context otherwise requires: (a) "American Indian mascot" means a name, symbol, or image that depicts or refers to an American Indian tribe, individual, custom, or tradition that is used as a mascot, nickname, logo, letterhead, or team name for the school. (b) "Commission" means the Colorado commission of Indian affairs, established pursuant to section 24-44-102. (c) "Institute charter school" means a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22. (d) "Public school" means: (I) An elementary, middle, junior high, high school, or district charter school of a school district that serves any of grades kindergarten through twelve; and (II) An institute charter school that serves any of grades kindergarten through twelve. (2) (a) Except as provided for in subsection (2)(b) of this section, on or after June 1, 2022, a public school in the state is prohibited from using an American Indian mascot. Notwithstanding the definition of the term "American Indian mascot" in subsection (1) of this section, a public school that is named after an American Indian tribe or American Indian individual may use the tribe's or individual's name, but not an image or symbol, on the public school's letterhead. Any public school that is using such an American Indian mascot as of June 1, 2022, shall immediately cease use of such American Indian mascot. (b) The prohibition set forth in subsection (2)(a) of this section does not apply to: (I) Any agreement that exists prior to June 30, 2021, between a federally recognized Indian tribe and a public school. A public school that is a party to such an agreement is held to a high standard and expected to honor the agreement. The federally recognized Indian tribe has the right and ability to revoke any such agreement at any time at its discretion. If an agreement entered into pursuant to this subsection (2)(b)(I) between a federally recognized Indian tribe and a public school is terminated by either party, the public school has one year from the date of termination to discontinue its use of its American Indian mascot before the penalties set forth in subsection (3) of this section apply. (II) Any public school that is operated by a federally recognized Indian tribe or with the approval of a federally recognized Indian tribe and existing within the boundaries of such tribe's reservation. (III) (A) The ability of any federally recognized Indian tribe to create and maintain a relationship or agreement with a public school that fosters goodwill, emphasizes education and supports a curriculum that teaches American Indian history, and encourages a positive cultural exchange. Such relationships and agreements may include important historical figures, names, imagery, tribal names, and more. (B) Any such agreement entered into pursuant to this section between a public school and a federally recognized Indian tribe may allow any American Indian mascot that is culturally affiliated with that federally recognized Indian tribe as determined at the discretion of the tribe's governing body. If an agreement entered into pursuant to this subsection (2)(b)(III) between a federally recognized Indian tribe and a public school is terminated by either party, the public school has one year from the date of termination to discontinue its use of its American Indian mascot before the penalties set forth in subsection (3) of this section apply. (C) For the purposes of this section, a "federally recognized Indian tribe" is one of the forty-eight contemporary tribes with ties to Colorado, developed by history Colorado in partnership with the Colorado commission of Indian affairs. This list may change over time but is the official list to be used for the purposes of this section. penalties set forth in subsection (3) of this section apply. (C) For the purposes of this section, a "federally recognized Indian tribe" is one of the forty-eight contemporary tribes with ties to Colorado, developed by history Colorado in partnership with the Colorado commission of Indian affairs. This list may change over time but is the official list to be used for the purposes of this section. (3) For each month during which a public school uses an American Indian mascot after June 1, 2022, the school district of the public school, or in the case of an institute charter school, the state charter school institute, shall pay a fine of twenty-five thousand dollars to the state treasurer, who shall credit the money received to the state education fund created in section 17 (4) of article IX of the state constitution. (4) (a) No later than thirty days after June 28, 2021, the commission shall identify each public school in the state that is using an American Indian mascot and that does not meet the criteria for an exemption as outlined in subsection (2)(b) of this section. The commission shall post such information on its website. (b) In addition to posting on its website the information concerning public schools that are using an American Indian mascot, the commission, in coordination with the department of education, shall notify the school district of a public school identified by the commission pursuant to subsection (4)(a) of this section of the requirements related to the use of American Indian mascots, as set forth in subsection (2) of this section, as well as the penalty for continued use of such mascots as outlined in subsection (3) of this section. The commission, in coordination with the department of education, shall also provide the same notification to the charter school institute if any institute schools are identified pursuant to subsection (4)(a) of this section. (c) When a public school identified pursuant to subsection (4)(a) of this section discontinues its use of its American Indian mascot prior to June 1, 2022, the public school shall notify its school district, or, in the case of an institute charter school, its authorizer, the commission, and the department of education of such discontinuation. (5) A public school that is identified to be in violation of subsection (2) of this section for using an American Indian mascot may apply to the department of education for a grant through the "Building Excellent Schools Today Act", article 43.7 of title 22, to accomplish any structural changes that might be necessary to come into compliance with this section. The time required for making an application or for the awarding of such grant does not impact the time requirement set forth in subsection (2)(a) of this section. (6) (a) Notwithstanding the provisions of this section to the contrary, a public school in the state is prohibited from using an American Indian mascot one year after notification by the commission, in coordination with the department of education, if: (I) The public school was in existence and using an American Indian mascot as of June 28, 2021; (II) The public school does not meet the criteria for an exemption as outlined in subsection (2)(b) of this section; (III) The public school was not identified pursuant to subsection (4)(a) of this section; and (IV) The school district of the public school or, in the case of an institute charter school, the state charter school institute is first notified on or after May 1, 2022, by the commission, in coordination with the department of education, that it is using an American Indian mascot in violation of subsection (2) of this section. s not identified pursuant to subsection (4)(a) of this section; and (IV) The school district of the public school or, in the case of an institute charter school, the state charter school institute is first notified on or after May 1, 2022, by the commission, in coordination with the department of education, that it is using an American Indian mascot in violation of subsection (2) of this section. (b) When a public school described pursuant to subsection (6)(a) of this section discontinues its use of an American Indian mascot prior to the one-year deadline after notification by the commission, in coordination with the department of education, the public school shall notify its school district or, in the case of an institute charter school, the state charter school institute, the commission, and the department of education, of the discontinuation. (c) For each month during which a public school described pursuant to subsection (6)(a) of this section uses an American Indian mascot after the one-year deadline after notification by the commission, in coordination with the department of education, the school district of the public school, or, in the case of an institute charter school, the state charter school institute, shall pay a fine of twenty-five thousand dollars to the state treasurer, who shall credit the money received to the state education fund created in section 17 (4) of article IX of the state constitution. (7) (a) A public school that is identified to be in violation of subsection (2) of this section for using an American Indian mascot may apply to the department of education for reimbursement of expenses incurred for the 2021-22 budget year through the 2023-24 budget year that were necessary to comply with this section. (b) (I) On or after July 1, 2023, the department of education shall distribute funds for reimbursement of expenses incurred for the 2021-22 budget year and the 2022-23 budget year that were necessary to comply with this section. The department of education shall fully fund all requests for reimbursement; except that if insufficient funds exist pursuant to the appropriation made pursuant to this subsection (7), the department shall reimburse expenses proportionately. (II) On or after July 1, 2024, the department of education shall distribute funds for reimbursement of expenses incurred for the 2023-24 budget year that were necessary to comply with this section. The department of education shall fully fund all requests for reimbursement; except that if insufficient funds exist pursuant to the appropriation made pursuant to this subsection (7), the department shall reimburse expenses proportionately. (III) The department of education shall establish a process and deadlines for receiving requests for reimbursement pursuant to this subsection (7), the timing for disbursements, and any parameters necessary to determine proportionate reimbursement. (c) The department of education shall not reimburse expenses incurred by a public school for paying the fine pursuant to subsection (3) of this section. (d) For the 2023-24 budget year, the general assembly shall appropriate three hundred thousand dollars from the state education fund for the purpose of this subsection (7). Any unexpended money remaining at the end of the 2023-24 budget year may be used by the department of education through the 2024-25 budget year without further appropriation and must not be used for any other purpose other than the purposes set forth in this subsection (7). (e) The general assembly finds and declares that for the purposes of section 17 of article IX of the state constitution, providing reimbursement of expenses pursuant to this subsection (7) that were incurred in order to comply with this section is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

C.R.S. § 22-1-134 Hunter education course - gifts, grants, or donations - definitions

22-1-134. Hunter education course - gifts, grants, or donations - definitions. (1) As used in this section, unless the context otherwise requires, "local education provider" means a school district or any of the following that enrolls students in the seventh grade: (a) A charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22; (b) A charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22; or (c) A board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools. (2) A local education provider may offer a hunter education course as an elective course to seventh-grade students, either for credit or not for credit, if the local education provider: (a) Enters into an agreement pursuant to subsection (3)(c) of this section with an individual or entity to provide a hunter education course at no cost to the local education provider or any student enrolled in the course; and (b) Receives gifts, grants, or donations in an amount sufficient to pay any costs to the local education provider that arise from providing a hunter education course pursuant to this section. (3) (a) A hunter education course offered pursuant to this section must: (I) Satisfy the same requirements as a hunter education course certified by the division of parks and wildlife, as described in section 33-6-107 (8); except that the course is not required to include hands-on activities that may otherwise be required by the division of parks and wildlife; and (II) Be taught by an instructor certified by the division of parks and wildlife. (b) A hunter education course offered pursuant to this section may include hands-on activities, but a local education provider cannot require a student to participate in the hands-on activities as a condition of enrollment in, or satisfactory completion of, a hunter education course. A student may only participate in hands-on activities with the permission of the student's parent or legal guardian. (c) Prior to offering a hunter education course pursuant to this section, a local education provider must enter into an agreement with an individual or entity that offers hunter education courses certified by the division of parks and wildlife to provide the hunter education course at no cost to the local education provider or any student enrolled in the course. For the purposes of this section, a hunter education course provided pursuant to an agreement entered into pursuant to this subsection (3)(c) is considered a hunter education course offered by the local education provider. (4) This section does not constitute a waiver of any applicable state or federal law. (5) A local education provider may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. (6) Nothing in this section precludes a local education provider from offering hunter education courses as an elective course in any other grade. (7) (a) A hunter education course offered pursuant to this section shall only allow the possession of inert firearms and dummy rounds on the real estate or any improvements erected on the real estate of any public or private elementary, middle, junior high, or high school. (b) As used in this subsection (7), "inert firearm" means any handgun, revolver, pistol, rifle, or shotgun, incapable of discharging bullets, cartridges, or other explosive charges.

C.R.S. § 22-1-135 Terms and conditions in public school contracts - definitions

22-1-135. Terms and conditions in public school contracts - definitions. (1) As used in this section: (a) "Construction" means the process of building, altering, repairing, improving, or demolishing any public structure or building or any other public improvements of any kind to any real property that is owned or leased by a contracting entity or by a public school and is used for the direct benefit of or in support of a public school. (b) "Contractor" means any person having a contract with a public school contracting entity. "Contractor" does not include an employee of a public school contracting entity or of a public school to be directly benefited by or supported by a public school contract. (c) "Public school contract" means any type of agreement, regardless of what it may be called, entered into between a public school contracting entity and a contractor where the principal purpose is to acquire supplies, services, or construction or to dispose of supplies for the direct benefit of or in support of a public school; except that "public school contract" does not include an agreement for the acquisition of professional services, as defined in section 24-30-1402 (6). (d) "Public school contracting entity" means an entity that is authorized to contract for the direct benefit of or support of a public school and enters into a public school contract. "Public school contracting entity" includes a school district and, to the extent authorized by law, a public school, an administrative unit, as defined in section 22-20-103 (1), a participating provider, as defined in section 22-100-101, or any other entity that is authorized to contract for the direct benefit of or support of a public school. (2) (a) A term or condition in a public school contract is void ab initio if the term or condition: (I) Requires the public school contracting entity to indemnify or hold harmless another person; (II) Specifies that the public school contracting entity agrees to binding arbitration or to any other binding extra-judicial dispute resolution process; (III) Specifies that the public school contracting entity agrees to limit liability of another person for bodily injury, death, or damage to property of the public school contracting entity or a public school directly benefited by or supported by the public school contract that is caused by the negligence or willful misconduct of the person or of the person's employees or agents; (IV) Purports to waive, alter, or limit the application of any provision of the "Colorado Governmental Immunity Act", article 10 of title 24; (V) Purports to waive, alter, or limit the application of the "Student Data Transparency and Security Act", article 16 of this title 22, the provisions of sections 6-1-713 and 6-1-713.5 relating to protection and disposal of personal identifying information, the provisions of article 73 of title 24 relating to security breaches and personal information, or, upon it taking effect on July 1, 2023, the "Colorado Privacy Act", part 13 of article 1 of title 6; or (VI) Conflicts with Colorado law or rules promulgated pursuant to Colorado law or conflicts with any provision required to be included or deemed to be included in a public school contract by subsection (2)(d) of this section as of the date the contract is executed. (b) If a public school contract contains a term or condition that is void ab initio under subsection (2)(a) of this section, the public school contract is otherwise enforceable as if it did not contain the void term or condition. (c) All public school contracts, except for contracts with another government, are governed by Colorado law notwithstanding any contract term or condition to the contrary. ) If a public school contract contains a term or condition that is void ab initio under subsection (2)(a) of this section, the public school contract is otherwise enforceable as if it did not contain the void term or condition. (c) All public school contracts, except for contracts with another government, are governed by Colorado law notwithstanding any contract term or condition to the contrary. (d) A public school contract must include provisions, and if such provisions are nonetheless inadvertently or otherwise omitted, shall be deemed to include provisions, that: (I) State that, subject to the requirements of section 24-91-103.6 pertaining to contracts for the construction and design of public works projects, any and all contractual financial obligations of the public school contracting entity that are payable after the current fiscal year are contingent on money to pay the obligations being appropriated, budgeted, and otherwise made available; (II) Require the contractor to comply with all applicable federal, state, and local laws, rules, and regulations in effect when the contract is executed or thereafter established, including, without limitation: (A) Laws, rules, and regulations applicable to discrimination and unfair employment practices; and (B) Laws, rules, and regulations that require the protection of personal identifying information, including student personal identifying information, as defined in section 22-16-103 (13), such as the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, the "Student Data Transparency and Security Act", article 16 of this title 22, the provisions of sections 6-1-713 and 6-1-713.5 relating to protection and disposal of personal identifying information, the provisions of article 73 of title 24 relating to security breaches and personal information, or, upon it taking effect on July 1, 2023, the "Colorado Privacy Act", part 13 of article 1 of title 6; and (III) Require the contractor to perform its duties as an independent contractor, to pay when due all applicable employment taxes and income taxes for its employees incurred in the performance of the contract, and to provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law. (3) (a) For contracts executed on or after July 1, 2023, when reviewing proposals received and for selecting the entity to provide technology, in accordance with the procurement laws applicable to the department, school district, or institute charter school, the department, school district, or institute charter school may consider life-cycle cost. (b) For the purpose of this subsection (3), unless the context otherwise requires: (I) "Life-cycle cost" means the purchase cost of technology minus the resale value at the end of the technology's expected useful life, in addition to the maintenance incurred during the technology's expected useful life. (II) "Technology" means any device, computer, hardware, software, or related accessory.

C.R.S. § 22-1-135.5 Nondisclosure agreements - protection of school district, board of cooperative services, and public school employees - definitions

22-1-135.5. Nondisclosure agreements - protection of school district, board of cooperative services, and public school employees - definitions. (1) (a) No school district, board of cooperative services, public school, or any department, institution, or agency of a school district, board of cooperative services, or public school shall make it a condition of employment that an employee executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee from disclosing factual circumstances concerning the employee's employment with the school district, board of cooperative services, or public school or any of its departments, institutions, or agencies unless the prohibition or restriction in the contract or agreement is necessary to prevent disclosure of: (I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances; (II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer; (III) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity; (IV) Information bearing on the specialized details of security arrangements or investigations, including security arrangements for or investigations into elected officials or other individuals, physical infrastructure, or cybersecurity; (V) Information derived from communications of the employer related to threatened or pending legal or administrative action; (VI) Discussions that occur in an executive session authorized by section 24-6-402; (VII) Trade secrets or information derived from trade secrets or proprietary information of the employer; (VIII) Information and records not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24; or (IX) Trade secrets owned by the employer. (b) Any provision in any contract or agreement that violates subsection (1)(a) of this section is deemed to be against public policy and is unenforceable against an employee unless the provision is intended to prevent disclosure of: (I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances; (II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer; are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer; (III) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity; (IV) Information bearing on the specialized details of security arrangements or investigations, including for elected officials or other individuals, physical infrastructure, or cybersecurity; (V) Information derived from communications of the employer related to threatened or pending legal or administrative action; (VI) Discussions that occur in an executive session authorized by section 24-6-402; (VII) Trade secrets or information derived from trade secrets or proprietary information of the employer; (VIII) Information and records not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24; or (IX) Trade secrets owned by the employer. (2) (a) No school district, board of cooperative services, public school, or department, institution, or agency of a school district, a board of cooperative services, or a public school shall take any materially adverse employment-related action, including, without limitation, withdrawal of an offer of employment, discharge, suspension, demotion, discrimination in the terms, conditions, or privileges of employment, or other adverse action against an employee on the grounds that the employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under subsection (1)(b) of this section. The taking of such a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation. (b) Any employer who enforces or attempts to enforce a provision deemed by a court to be against public policy and unenforceable pursuant to subsection (1) of this section is liable for the employee's reasonable attorney fees and costs in defending against the action. (c) An action to enforce a provision of this section must be brought in the district court for the district in which the employee is primarily employed. (3) A settlement agreement between an employer that is a school district, board of cooperative services, or public school or a department, institution, or agency of a school district, a board of cooperative services, or a public school and an employee of the employer must be signed by both the employer and the employee. (4) A nondisclosure agreement may not prohibit the release of information required to be released under the "Colorado Open Records Act", part 2 of article 72 of title 24. (5) Nothing in this section prevents an employer from requiring an employee to enter into a nondisclosure agreement with a third party in the employee's official capacity and on behalf of the employer. (6) As used in this section: (a) "Condition of employment" means an employment-related policy, practice, requirement, or restriction dictated by an employer that an individual must agree to abide by in order to be hired by or retain employment with the employer. (b) "Employee" means an applicant for employment with, or current or past employee of, a school district, board of cooperative services, or public school or a department, institution, or agency of a school district, board of cooperative services, or public school.

C.R.S. § 22-1-136 Student identification cards - information required

22-1-136. Student identification cards - information required. Each student identification card issued to a public school student must contain the phone number, website address, and text talk number for Colorado crisis services, as defined in section 27-60-104, and the safe2tell program created in section 24-31-606. The public school may also include information regarding other available crisis services on the identification card. If a public school does not issue student identification cards, the public school shall display the materials described in section 27-60-104 (10) at the school and send information related to Colorado crisis services to parents or guardians at the beginning of each school year.

C.R.S. § 22-1-137 Title IX regulation study - definitions - repeal

22-1-137. Title IX regulation study - definitions - repeal. (Repealed)

C.R.S. § 22-1-138 Information collected and posted on department website

22-1-138. Information collected and posted on department website. On or before August 31, 2023, the department of education shall standardize the reporting method that school districts, including charter schools of a school district and institute charter schools, use to collect and report data concerning suspensions and expulsions, arrests and referrals, chronic absenteeism, incidents of violence, and harassment and bullying, and the safe school reporting requirements set forth in section 22-32-109.1. In making its determination regarding the standardization, the department of education shall consult with school districts and school administrators, school board members, teachers, law enforcement representatives, school resource officers, K-12 advocates, and other relevant stakeholders. In making its determination, the department of education shall ensure all student-level data is kept confidential and reporting complies with the "Colorado Privacy Act", established pursuant to part 13 of article 1 of title 6, the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, and the "Student Data Transparency and Security Act", created pursuant to article 16 of this title 22, which must include the application of data suppression policies to avoid the re-identification of any individual in any public reports. As part of the process, the department of education may consider whether to adopt new reporting categories or require additional or different data to be collected to improve accuracy, consistency, and quality of data.

C.R.S. § 22-1-139 Accessible district profile reports - school climate reports and surveys - reporting - definition

22-1-139. Accessible district profile reports - school climate reports and surveys - reporting - definition. (1) (a) On or before August 31, 2024, the department of education shall work to develop easily accessible, user-friendly profile reports for each school district and the charter school institute. The reports must be made easily accessible to the general public through a link on the department of education's website; updated annually; and disaggregated by gender, grade level, ethnicity, disability, English language learner status, free and reduced-price lunch status, and homeless status to the maximum extent possible in compliance with the "Colorado Privacy Act", established pursuant to part 13 of article 1 of title 6, the federal "Family Educational Rights and Privacy Rights Act of 1974", 20 U.S.C. sec. 1232g, and the "Student Data Transparency and Security Act" created pursuant to article 16 of this title 22. To prepare the profile reports, the department of education shall collect the individual student data described in subsection (1)(b) of this section. The department of education shall maintain strict standards for student data privacy, comply with standards for reporting data for a student with an accommodation pursuant to section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq., as amended, and its implementing regulations, or a student with an individualized education plan, and shall not publicly report individual student data for any purpose, including as part of the district profile reports. (b) The profile reports must include, but are not limited to: (I) Chronic absenteeism rates; (II) The number of in-school and out-of-school suspensions; (III) The number of expulsions; (IV) The number of students handcuffed; (V) The number of referrals to law enforcement. As used in this section, "referrals to law enforcement" means when a school employee proactively calls, summons, or requests a law enforcement official, including a school resource officer, to: (A) Respond to an incident on school grounds involving a possible violation of local, state, or federal law; (B) Engage with a student or third party on school grounds who is creating a potentially dangerous situation; or (C) Enforce a local, state, or federal rule, regulation, or law on school grounds, in a school vehicle, or at a school activity or school-sanctioned event; (VI) The number of school-related arrests, including an arrest that occurs on school grounds, in a school vehicle, or at a school activity or school-sanctioned event; (VII) The number of students physically restrained; and (VIII) The number of students placed in seclusion. (2) (a) The district profiles must include data collected pursuant to section 22-2-112 (1)(u)(I) and any other existing district-level measures that the department of education determines relevant and related to school climate. In developing the profiles, the department of education shall consult with stakeholders, including members of the state advisory council for parent involvement in education, created in section 22-7-303; members of the Colorado special education advisory committee appointed pursuant to section 22-20-104 (2)(a); stakeholders who represent the disability community; K-12 advocates and students; and representatives of associations representing school executives, school boards, special education directors, charter schools, and teachers. for parent involvement in education, created in section 22-7-303; members of the Colorado special education advisory committee appointed pursuant to section 22-20-104 (2)(a); stakeholders who represent the disability community; K-12 advocates and students; and representatives of associations representing school executives, school boards, special education directors, charter schools, and teachers. (b) The department of education may consult with state and national organizations or other states with expertise in measuring and improving students' experiences at school. By December 31, 2023, the department of education may make recommendations to the state board of education and the general assembly for additional indicators to consider for inclusion in the district profile report, including, but not limited to, measures of student engagement, students' emotional and physical safety and sense of belonging, and teachers' perspectives of learning conditions. Recommendations may also leverage information learned from pilot and grant programs related to improving students' experiences in school. (3) Beginning in the 2023-24 school year, the department of education shall annually collect information concerning school climate surveys administered to students or families, or school climate tools utilized by schools and school districts, including which survey or tool is used, if any, and how the results of such surveys are made publicly accessible, if at all. The department of education shall include this information in the district profile reports.

C.R.S. § 22-1-140 Corporal punishment prohibited - definition

22-1-140. Corporal punishment prohibited - definition. (1) A person employed by or volunteering in a public school, as defined in section 22-1-101, shall not impose corporal punishment on a child. (2) (a) As used in this section, unless the context otherwise requires, "corporal punishment" means the willful infliction of, or willfully causing the infliction of, physical pain on a child. (b) "Corporal punishment" does not include: (I) An amount of force that is reasonable and necessary to quell a disturbance that threatens physical injury to persons or damage to property, necessary for purposes of self-defense, or used to obtain possession of a weapon or other dangerous object within the control of a child; or (II) Physical pain or discomfort caused by athletic competition or other similar physical activity in which a child is voluntarily engaged.

C.R.S. § 22-1-141 Legal representation - due process complaints - appointments - report - definitions - repeal

22-1-141. Legal representation - due process complaints - appointments - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Administrative unit" has the same meaning set forth in section 22-20-103. (b) "Colorado nonprofit legal organization" or "nonprofit organization" means a Colorado nonprofit legal organization that focuses on special education law, provides affordable legal services, and operates pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501, as amended. (c) "Department" means the department of education created in section 24-1-115. (d) "Parent" means a parent, guardian, or legal custodian of, or entity with educational decision-making authority for, a student with a disability or a student who may be eligible for special education services. (e) "Procedural safeguard notice" means the required notice provided to parents containing an explanation of the available procedural safeguards pursuant to the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and federal department of education regulations. (f) "State-operated program" has the same meaning set forth in section 22-20-103. (g) "Student with disabilities" has the same meaning as "children with disabilities" set forth in section 22-20-103. (2) On or before August 1, 2023, the department shall enter into a service agreement with a nonprofit organization to create and maintain a list of attorneys qualified to represent a parent in a due process complaint filed by an administrative unit or state-operated program pursuant to section 22-20-108 (3) concerning issues disputed in a state complaint in which the parent prevailed. The service agreement is for five years. The nonprofit organization may consider an attorney to be qualified if the attorney demonstrates a history of practice in special education law. The nonprofit organization shall update the list on an annual basis. (3) A parent described in subsection (2) of this section may contact the nonprofit organization for an attorney appointment. The nonprofit organization shall appoint an attorney from the list of attorneys described in subsection (2) of this section to represent the parent in a due process complaint that an administrative unit or a state-operated program files pursuant to section 22-20-108 (3) concerning issues disputed in a state complaint in which the parent prevailed. The nonprofit organization shall rotate the attorneys on the list to distribute due process complaint cases evenly among the attorneys on the list. (4) (a) The department shall annually provide the nonprofit organization twenty thousand dollars to pay attorneys appointed pursuant to subsection (3) of this section and to create, maintain, and administer the list of attorneys pursuant to subsection (2) of this section. The nonprofit organization may retain unspent money at the end of a budget year. (b) If there is any unspent money at the end of the five-year service agreement, the nonprofit organization shall return the unspent money to the department. The department shall transmit all money received from the nonprofit organization to the state treasurer, who shall credit the money to the general fund. (5) The department shall include information regarding the appointment of attorneys described in subsection (3) of this section in the procedural safeguard notice, in materials distributed to parents describing due process complaint procedures, and following a decision the department renders concerning a dispute pursuant to section 22-20-108 (3). The department shall prominently display the nonprofit organization's website on the department's website. (6) On or before September 1, 2024, and each September 1 thereafter through September 1, 2028, the nonprofit organization shall report to the department the following: omplaint procedures, and following a decision the department renders concerning a dispute pursuant to section 22-20-108 (3). The department shall prominently display the nonprofit organization's website on the department's website. (6) On or before September 1, 2024, and each September 1 thereafter through September 1, 2028, the nonprofit organization shall report to the department the following: (a) The number of attorneys appointed to parents in due process complaint procedures pursuant to section 22-20-108 (3); (b) The costs associated with each due process complaint case; and (c) The amount of unspent money the nonprofit organization retains at the end of the budget year. (7) This section is repealed, effective July 1, 2029.

C.R.S. § 22-1-142 Tribal regalia at school graduation ceremonies - definitions

22-1-142. Tribal regalia at school graduation ceremonies - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Graduation attire" means attire that a school or school district requires a student to wear as part of the dress code for a graduation ceremony. (b) "Qualifying student" means a student who is a descendant of people who were living in North America prior to the time people from Europe began settling in North America, is an enrolled member of a federally recognized or state-recognized Indian tribe, or is a lineal descendant of a tribally enrolled parent or grandparent. (c) "Tribal regalia" means a tribe's traditional dress or recognized objects of religious or cultural significance and includes the following items of cultural significance: (I) Tribal symbols; (II) Beads; and (III) Feathers, in line with the federal "Migratory Bird Treaty Act of 1918". (d) "Tribe" means a tribe, band, nation, or Alaskan Native village that is recognized by federal law or that a state formally acknowledges. (2) A qualifying student may wear tribal regalia during a graduation ceremony; except that a qualifying student who is not an enrolled member of a tribe shall not wear eagle feathers. Wearing tribal regalia includes decorating graduation attire with tribal regalia; except that a qualifying student who is not an enrolled member of a tribe shall not decorate with eagle feathers. (3) (a) An immediate family member of a qualifying student may wear and display tribal regalia during the qualifying student's graduation ceremony if the immediate family member is: (I) An enrolled member of a tribe; (II) Eligible to be enrolled as a member of a tribe; or (III) A lineal descendant of a tribally enrolled parent or grandparent. (b) Notwithstanding subsection (3)(a) of this section, an immediate family member who is not an enrolled member of a tribe shall not wear eagle feathers. (4) A school or school district shall not prohibit a qualifying student or the qualifying student's immediate family from wearing and displaying tribal regalia at a graduation ceremony. (5) This section applies to all public school graduations, including, but not limited to, kindergarten, middle school, junior high school, and high school graduations.

C.R.S. § 22-1-142.5 Wearing cultural or religious objects at public school graduation ceremonies - definitions

22-1-142.5. Wearing cultural or religious objects at public school graduation ceremonies - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Adornment" means something attached to, or worn with, but not replacing or covering in its entirety, graduation attire, and is not limited to decorating graduation caps. (b) "Cultural" means a recognized practice or tradition of a certain group of people and includes only a protected class based on disability, race, ethnicity, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry. "Cultural" does not include objects related to tribal regalia as defined in section 22-1-142, incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats. (c) "Graduation attire" means attire that a public school, school district, charter school institute, or board of cooperative services requires a student to wear as part of the dress code for a graduation ceremony. (d) "Public school" means a school, including a district charter school, of a school district; a school operated by a board of cooperative services; an institute charter school; or the Colorado school for the deaf and the blind. (e) "Student" means an individual participating in the graduation ceremony as a graduate. (2) A student may wear recognized objects of cultural or religious significance as an adornment during the student's graduation ceremony. An adornment worn by a student must comply with the public school's, school district's, charter school institute's, or board of cooperative services' dress code policy, as long as the dress code policy does not infringe upon a student's gender expression, as defined in section 24-34-301, gender identity, religion, or culture. (3) A public school, school district, charter school institute, or board of cooperative services shall not impose restrictions on what a student may wear under the student's required graduation attire beyond what is required by a public school's, school district's, charter school institute's, or board of cooperative services' dress code policy, as long as the dress code policy does not infringe upon a student's gender expression, as defined in section 24-34-301, gender identity, religion, or culture. (4) (a) This section does not limit a public school's, school district's, charter school institute's, or board of cooperative services' ability to prohibit an adornment that is likely to cause substantial disruption of, or material interference with, the graduation ceremony. (b) A prohibition imposed by a public school, school district, charter school institute, or board of cooperative services pursuant to subsection (4)(a) of this section must be: (I) Based on evidence of disruption rather than relying on an undifferentiated fear or apprehension of disturbance; and (II) By the least restrictive means necessary. (5) On or before the start of the 2024-25 school year, a public school, school district, charter school institute, or board of cooperative services shall develop and adopt a policy that aligns with the requirements of this section. (6) This section applies to all public school graduations, including, but not limited to, kindergarten, elementary school, middle school, junior high school, and high school graduations. (7) This section does not limit the rights of certain individuals to wear tribal regalia to a public school graduation, as described in section 22-1-142.

C.R.S. § 22-1-143 Harassment or discrimination - policy required - training and notification - definitions

22-1-143. Harassment or discrimination - policy required - training and notification - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Contractor" means a person who has direct contact with or supervision over students pursuant to a contract with a school or local education provider. (b) "Complainant" means a person who is subject to, and files a report of, alleged misconduct or discrimination pursuant to a local education provider's policy. (b.5) "Department" means the department of education created in section 24-1-115. (c) "Employee" means any employee of the public school or school district, including teachers, teacher aides, bus drivers, cafeteria workers, custodial staff, athletic staff, administrative and clerical staff, school medical staff and security staff, and contractors. (d) (I) "Harassment or discrimination" means to engage in, or the act of engaging in, any unwelcome physical or verbal conduct or any written, pictorial, or visual communication by a student or employee that is directed at a student or group of students because of that student's or group's membership in, or perceived membership in, a protected class based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry, which conduct or communication is objectively offensive to a reasonable individual who is a member of the same protected class. The conduct or communication need not be severe or pervasive to constitute harassment or discrimination and constitutes harassment or discrimination if: (A) Submission to the conduct or communication is explicitly or implicitly made a term or condition of the individual's access to an educational service, opportunity, or benefit; (B) Submission to, objection to, or rejection of the conduct or communication is used or explicitly or implicitly threatened to be used as a basis for educational decisions affecting the individual; or (C) The conduct or communication has the purpose or effect of unreasonably interfering with the individual's access to their educational service, opportunity, or benefit or creating an intimidating, hostile, or offensive educational environment. (II) Petty slights, minor annoyances, and lack of good manners do not constitute harassment or discrimination unless the slights, annoyances, or lack of manners, when taken in combination and under the totality of the circumstances, meet the standard set forth in subsection (1)(d)(I) of this section. (III) Whether conduct constitutes harassment or discrimination is judged under the totality of the circumstances, which may include, but is not limited to: (A) The frequency of the conduct or communication, recognizing that a single incident may rise to the level of harassment or discrimination; (B) The number of individuals engaged in the conduct or communication; (C) The type or nature of the conduct or communication; (D) The duration of the conduct or communication; (E) The location where the conduct or communication occurred; (F) Whether the conduct or communication is threatening; (G) Whether any power differential exists between the individual alleged to have engaged in harassment or discrimination and the individual alleging the harassment or discrimination; (H) Any use of epithets, slurs, or other conduct or communication that is humiliating or degrading; (I) Whether the conduct or communication reflects stereotypes about an individual or group of individuals in a protected class; or (J) Whether the conduct includes an act of physical violence. (IV) Harassment or discrimination includes the knowing or intentional use of a name other than a student's chosen name, as defined in section 22-1-145 (1). communication that is humiliating or degrading; (I) Whether the conduct or communication reflects stereotypes about an individual or group of individuals in a protected class; or (J) Whether the conduct includes an act of physical violence. (IV) Harassment or discrimination includes the knowing or intentional use of a name other than a student's chosen name, as defined in section 22-1-145 (1). (e) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools. (e.5) "Office of school safety" means the office of school safety created in section 24-33.5-2702. (f) "Policy" means the policy adopted by a local education provider as required in subsection (3) of this section. (g) "Public school" means an elementary school, middle school, junior high school, high school, or district charter school of a school district that enrolls students in any of grades kindergarten through twelve or an institute charter school that enrolls students in any of grades kindergarten through twelve. (h) "Respondent" means the individual who has been reported to be the perpetrator of alleged harassment or discrimination. (i) "Title IX" means Title IX of the federal "Education Amendments of 1972", 20 U.S.C. secs. 1681 et seq., as amended. (2) (a) A public school shall accept formal reports of harassment or discrimination in writing or in person; by phone, e-mail, or online form. (b) A report of harassment or discrimination received by a public school is confidential and employees shall keep information learned during an investigation of harassment or discrimination confidential to the extent practicable. Nothing in this section prevents employees from reporting known or suspected child abuse or neglect as required pursuant to section 19-3-304 or reporting any other criminal activity to law enforcement. Nothing in this section prohibits a public school or a local education provider from providing records to law enforcement, the department of human services, or a district attorney for the investigation or prosecution of any crime. (c) Each public school shall post notices in multiple places in the school, written in simple and age-appropriate language, describing how and to whom a student can report harassment or discrimination to the school. The notices must be conspicuously posted in easily accessible and well-lit places customarily frequented by students and employees. (d) Each local education provider shall adopt procedures for investigating reports of harassment or discrimination, which must be fair, impartial, and prompt, and must: (I) Require a public school to make a good faith effort to complete an investigation and make any findings within sixty days after the report, without infringing upon the rights enshrined in federal and state law of the complainant or the respondent; except that the public school may extend the sixty-day deadline for up to thirty additional days for good cause with prior written notice to the complainant and to the respondent of the delay and the reason for the delay or may extend the deadline at the request of a law enforcement agency; (II) Include preponderance of the evidence as the evidentiary standard, notwithstanding any other evidentiary standard in any other policy of the local education provider; (III) Specify that all questions related to the investigation be directed to the individual conducting the investigation, or the individual's designee, and that the individual or designee conducting the investigation shall consider patterns of misconduct as relevant evidence; evidentiary standard, notwithstanding any other evidentiary standard in any other policy of the local education provider; (III) Specify that all questions related to the investigation be directed to the individual conducting the investigation, or the individual's designee, and that the individual or designee conducting the investigation shall consider patterns of misconduct as relevant evidence; (IV) Provide the parties with the same opportunity to have an advisor or other person present during any part of the investigative process; (V) Provide written updates about the status of an investigation or proceeding to the parties and the parties' parents or legal guardians at each stage of the investigation or proceeding, but at least every fifteen business days; (VI) Provide for concurrent notification to the parties of the outcome of the investigation and any findings; and (VII) Prohibit retaliation against a student who makes a report, or participates in an investigation into a report made, pursuant to this section. Charges against a student for code of conduct violations related to the incident for the purpose of punishing a student for making a report or otherwise interfering with any right or privilege secured by this section constitutes retaliation. (e) Each local education provider shall retain the records of a harassment or discrimination report for seven years. The record of a report includes any accommodations or supportive measures taken in response to a report or formal complaint of harassment or discrimination and documentation of the basis for the local education provider's action and response. (f) A public school shall grant an excused absence to a student who has experienced harassment or discrimination for any time the student is out of school because of a therapy, medical, legal, or victim services appointment related to the harassment or discrimination. (g) (I) A public school shall offer accommodations and supportive measures to a student experiencing harassment or discrimination that are designed to protect the safety of all students and that preserve and restore equal access to education for the student. Accommodations and supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, extra time for homework or tests, the opportunity to resubmit homework or retake a test, remedying an impacted grade, excused absences, the opportunity for home instruction, modifications to class schedules, and restrictions on contact between the parties to a report of harassment or discrimination. (II) A public school shall provide supportive measures required pursuant to Title IX, and may provide any other supportive measures as soon as it receives a report of harassment or discrimination. (III) A public school shall not require a formal report or finding of harassment or discrimination before providing supportive measures. (3) (a) On or before July 1, 2024, each local education provider shall adopt a written policy that protects students experiencing harassment or discrimination. The policy adopted pursuant to this subsection (3) is separate from and in addition to any policy a public school or local education provider must adopt pursuant to Title IX. Each local education provider shall periodically review and update the policy. before July 1, 2024, each local education provider shall adopt a written policy that protects students experiencing harassment or discrimination. The policy adopted pursuant to this subsection (3) is separate from and in addition to any policy a public school or local education provider must adopt pursuant to Title IX. Each local education provider shall periodically review and update the policy. (b) The policy must be written in plain language and include the following: (I) Information on all reporting options available to a student; (II) The name and contact information for the person designated to receive reports of harassment or discrimination, who may be the Title IX coordinator or serve in an equivalent position in the school; (III) An explanation of the school's role in responding to reports of harassment or discrimination, preventing recurrence of harassment or discrimination, and remedying effects of the harassment or discrimination; (IV) The contact information for resources for victims of violence, including a local, state, or national twenty-four-hour helpline for domestic violence and sexual violence support; (V) The protocol for employees to respond to reports of harassment or discrimination, including: (A) The procedures adopted pursuant to subsection (2)(d) of this section for investigating reports of harassment or discrimination and making findings that are fair, impartial, and prompt; and (B) Prohibiting reliance solely on a criminal investigation by a law enforcement agency in lieu of responding to a report of harassment or discrimination promptly and effectively; (VI) A prohibition on a school using a student report of harassment or discrimination, whether verbal or in writing, or information revealed in any investigation or disciplinary proceedings of the report, as the basis for, or a consideration in, investigating or exacting any disciplinary response for a school violation by the reporting student or complainant related to the reported incident for any of the following: Engaging in reasonable self-defense against the respondent, consensual sexual activity, drug use, alcohol use, late arrival, truancy, unauthorized access to facilities, talking publicly about the reported harassment or discrimination, or expressing a trauma symptom; except that nothing in this section prohibits a school or local education provider from disciplining a student who knowingly makes a false report of harassment or discrimination, or disciplining a student when necessary to ensure the safety of any student or employee. A finding of no harassment or discrimination does not itself constitute a false report. (VII) Information about available accommodations and supportive measures described in subsection (2)(g) of this section, including information about how a student can request supportive measures and an explanation of additional accommodations available for students with disabilities. (c) Each public school shall make the policy available to students, students' parents and legal guardians, and employees by: (I) Prominently displaying the policy on the home page of its website; (II) Annually distributing the policy through electronic means to parents and legal guardians of students enrolled at the public school and separately to students enrolled in sixth through twelfth grade. The copy of the policy distributed pursuant to this subsection (3)(c)(II) must be distributed separately from any other document. (III) Providing a physical copy of the policy to each incoming student and the parent or legal guardian of each incoming student, upon request; and (IV) Annually distributing the policy to employees. and separately to students enrolled in sixth through twelfth grade. The copy of the policy distributed pursuant to this subsection (3)(c)(II) must be distributed separately from any other document. (III) Providing a physical copy of the policy to each incoming student and the parent or legal guardian of each incoming student, upon request; and (IV) Annually distributing the policy to employees. (d) A policy distributed to a student, parent, legal guardian, or employee, whether a physical or electronic copy, must be available in English and, upon request, in Spanish. The policy posted on the website must be in English and a school may also post the policy in Spanish. (4) Beginning with the training conducted for employees for the 2025-26 school year, but beginning no later than December 31, 2025, each public school shall provide training to all employees about harassment and discrimination. Each new employee of a public school shall complete training upon hiring and at least every three years thereafter; except that an employee shall complete training when transferring from a position working with elementary school-aged students to a position working with secondary school-aged students, or transferring from a position working with secondary school-aged students to a position working with elementary school-aged students. The training must be provided during the employee's normal working hours. Training provided on and after August 1, 2025, must be consistent with the best practices developed pursuant to subsection (8) of this section. A public school may use the training developed and made available to schools pursuant to subsection (8)(h) of this section. The training must include, at a minimum, instruction on the following: (a) Recognizing harassment or discrimination, including indicators of grooming and child sexual abuse, and distinguishing harassment and discrimination from bullying; (b) The appropriate immediate response when harassment or discrimination is reported to or witnessed by an employee; (c) Reporting harassment or discrimination to the public school or school district; and (d) If the employee has direct supervision of students, the following: (I) The public school's procedure for responding to allegations of harassment or discrimination; (II) The difference between the public school's harassment or discrimination policy adopted pursuant to this section; obligations required by federal law in Title IX; section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq.; Title VI of the federal "Civil Rights Act of 1964", 42 U.S.C. sec. 2000d et seq.; and Title VII of the federal "Civil Rights Act of 1964", 42 U.S.C. sec. 2000e et seq.; and mandatory reporting requirements in state law; (III) Best practices for avoiding victim-blaming; the effect of trauma on victims of harassment or discrimination; communicating with victims sensitively, compassionately, and in a gender-inclusive and culturally responsive manner; and the impact of harassment or discrimination on students with disabilities; and (IV) The types of supportive measures available to students and the provision of effective academic, mental health, and safety accommodations for students who report harassment or discrimination. (4.2) The training for employees who have direct supervision of students described in subsection (4)(d) of this section must include instruction that is specific based on whether the employee is supervising elementary school-aged students or secondary school-aged students. ovision of effective academic, mental health, and safety accommodations for students who report harassment or discrimination. (4.2) The training for employees who have direct supervision of students described in subsection (4)(d) of this section must include instruction that is specific based on whether the employee is supervising elementary school-aged students or secondary school-aged students. (5) (a) On or before July 1, 2025, and on or before July 1 of each year thereafter, each public school of a school district shall report to the school district, and each institute charter school shall report to the state charter school institute, the following information, aggregated and without personally identifiable information about the parties, from the prior twelve months: (I) The number of formal harassment or discrimination reports received by the school and the type of bias reported when harassment or discrimination was found; and (II) The time to complete each investigation and to make findings related to each report. (b) On or before August 1, 2025, and on or before August 1 of each year thereafter, the state charter school institute and each school district shall report to the department of education the information it received from each school pursuant to subsection (5)(a) of this section. (c) On or before October 1, 2025, and on or before October 1 of each year thereafter, the department shall report the information received pursuant to this section to the sexual misconduct advisory committee created in section 23-5-147. (6) (a) This section does not authorize a public school or local education provider, or the charter school institute, to violate any federal law, regulation, or guideline, including Title IX; section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq.; and Title VI of the federal "Civil Rights Act of 1964", 42 U.S.C. sec. 2000d et seq., in carrying out the duties described in this section. If this section conflicts with Title IX, section 504 of the federal "Rehabilitation Act of 1973", or Title VI of the federal "Civil Rights Act of 1964", the applicable federal law prevails. (b) If a person files a complaint alleging conduct or communication that is governed by federal law and this section, both the federal law and this section apply and the school or local education provider shall concurrently evaluate the complaint pursuant to federal law and the procedures and policies required by this section. (7) A complaint that is unsubstantiated is confidential and not subject to disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of title 24, and must not serve as a basis for discipline, dismissal, termination, or any employment reference or licensing action unless the conduct establishes a pattern of the same or similar behavior. (8) (a) The department shall enter into an agreement with an organization to develop best practices for local education providers, including public schools, to effectively respond to reports of harassment or discrimination. ve as a basis for discipline, dismissal, termination, or any employment reference or licensing action unless the conduct establishes a pattern of the same or similar behavior. (8) (a) The department shall enter into an agreement with an organization to develop best practices for local education providers, including public schools, to effectively respond to reports of harassment or discrimination. (b) The department shall convene an evaluation committee to select the organization. The commissioner of education shall determine the composition of the committee; except that the evaluation committee must include: (I) Two representatives who each represent a school district, one of whom represents a rural school district, appointed by the commissioner of education; (II) Two persons who represent an organization that advocates for students who face harassment or discrimination, appointed by the commissioner of education; (III) Two persons with lived experience of having faced harassment or discrimination, appointed by the commissioner of education; (IV) Two students who are in grades seven through twelve, one of whom attends school in a rural school district, appointed by the commissioner of education; and (V) Two representatives from the office of school safety, appointed by the director of the office of school safety. (c) The organization selected pursuant to this subsection (8) must have experience in K-12 education, have expertise in trauma-informed responses to harassment or discrimination for K-12-aged students, and have expertise in the minimum training topics set forth in subsection (4) of this section. (d) The selected organization shall develop best practices for the following: (I) Notifications by schools and local education providers to students and parents of harassment or discrimination policies and procedures; (II) How employees accept and respond to reports of harassment or discrimination; (III) Implementing trauma-informed responses to students; and (IV) Training for employees about their responsibilities when responding to harassment or discrimination, including distinguishing between bullying and harassment or discrimination, when possible. (e) The best practices developed pursuant to this subsection (8) must be aligned with the goal of a local education provider or school conducting effective and impartial investigations of reports of harassment or discrimination and comply with the requirements for the training described in subsection (4) of this section. (f) When developing the best practices described in subsection (8)(d) of this section, the selected organization shall evaluate a sample of school harassment or discrimination policies adopted by various schools nationwide and solicit and consider input from schools and local education providers statewide; the department; and the office of school safety. The selected organization shall also consider the resources of rural schools and local education providers. Upon request of the organization, the department shall assist the organization in soliciting feedback from schools and local education providers. (g) (I) On or before December 31, 2024, the organization shall submit a report to the department, the office of school safety, and the house of representatives education committee and the senate education committee, or their successor committees. The report must include an explanation of the best practices developed pursuant to subsection (8)(d) of this section and any other relevant recommendations of the organization. The department shall post the report on its website and provide the report to each local education provider. (II) The department shall include, as part of its presentation during its "SMART Act" hearing required by section 2-7-203 that occurs during the 2025 regular legislative session, information concerning the organization's report. n and any other relevant recommendations of the organization. The department shall post the report on its website and provide the report to each local education provider. (II) The department shall include, as part of its presentation during its "SMART Act" hearing required by section 2-7-203 that occurs during the 2025 regular legislative session, information concerning the organization's report. (h) The organization shall develop a harassment or discrimination training program for use by schools. The training program must be consistent with the best practices developed by the organization pursuant to this subsection (8) and comply with the requirements for the training described in subsection (4) of this section. On or before April 1, 2025, the organization shall provide the training program materials to the department. The department shall make the training program materials available to public schools at no cost to the school. (i) The general assembly finds and declares that for the purposes of section 17 of article IX of the state constitution, developing best practices to effectively respond to reports of harassment or discrimination, as described in this subsection (8), improves student safety and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. (j) The department shall not use more than ten percent of the money appropriated to develop best practices to effectively respond to reports of harassment or discrimination, as described in this subsection (8), for the administrative costs incurred related to developing the best practices.

C.R.S. § 22-1-144 Purple star school program - creation - rules - definitions

22-1-144. Purple star school program - creation - rules - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Board of cooperative services" or "BOCES" means a board of cooperative services created and operating pursuant to article 5 of this title 22. (b) "Department" means the department of education created in section 24-1-115. (c) "Military-connected student" means a student enrolled in a school of a school district, district charter school, institute charter school, or BOCES who is a dependent of a: (I) Current or former member of the United States military; (II) United States department of defense active-duty service member; (III) Colorado National Guard member; (IV) United States military reserves member; or (V) Member of the United States military, Colorado National Guard, or United States military reserves killed in the line of duty. (d) "Public school" means a school of a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a BOCES. (e) "Purple star school program" or "program" means the purple star school program created in subsection (2) of this section. (2) (a) The purple star school program is created in the department. The purpose of the program is to designate as purple star schools public schools that provide services and supports to military-connected students and their families to mitigate academic and social-emotional challenges related to frequent moves, new schools, parental deployments, and different social circles and experiences. (b) The department shall create: (I) An application for a public school to apply for a purple star school designation; (II) A rubric to measure whether a public school qualifies for a purple star school designation, which must identify: (A) The required program implementation steps that correspond to subsection (3) of this section; and (B) Evaluation criteria to provide feedback to a public school on the public school's readiness to implement the program; and (III) A timeline for a public school to apply for and to renew the purple star school designation. (c) The department shall designate a public school as a purple star school if the public school applies and qualifies for the designation pursuant to the rubric described in subsection (2)(b)(II) of this section. (3) (a) To qualify as a purple star school, a public school shall: (I) Designate a staff member as a military liaison, who shall perform the following duties: (A) Identify military-connected students enrolled at the public school; (B) Serve as the point of contact between the public school campus and military-connected students and their families; (C) Determine appropriate school services available to military-connected students; and (D) Determine whether military-connected students have access to the appropriate counseling services, mentorship services, volunteer opportunities, and student support services; (II) Create and maintain on the public school's website an accessible web page that includes resources for military-connected students and their families, including the following information: (A) How to relocate to, enroll in, register for, and transfer records to the public school; (B) Academic planning, course sequences, and advanced courses available at the public school; (C) Counseling and other support services available for military-connected students enrolled at the public school; and (D) The name of the designated military liaison for the public school and the military liaison's duties as described in subsection (3)(a)(I) of this section; (III) Establish and maintain a student-led transition program that assists military-connected students who are relocating to the public school; er support services available for military-connected students enrolled at the public school; and (D) The name of the designated military liaison for the public school and the military liaison's duties as described in subsection (3)(a)(I) of this section; (III) Establish and maintain a student-led transition program that assists military-connected students who are relocating to the public school; (IV) Offer professional development for educators and staff on issues related to military-connected students; and (V) Offer at least one of the following initiatives: (A) A public school resolution published on the public school's website showing support for military-connected students and their families; (B) Celebrations in April and November to recognize military children and military families, with associated events hosted by the public school; (C) A partnership with a local military installation that facilitates opportunities for military members to volunteer on the public school's campus, speak at a public school assembly, or host a field trip; or (D) Student-driven clubs and groups that show community-family engagement for military-connected students and their families. (b) The department may establish additional criteria to identify public schools committed to supporting military-connected families, including: (I) Hosting an annual military recognition event; (II) Partnering with a school liaison program manager from a military installation; (III) Supporting projects that connect the public school to the military community; or (IV) Providing outreach to military-connected students and their families. (4) During the first week of April each year, the governor, or the governor's designee, shall recognize each purple star school and present the purple star schools with a certificate. (5) A purple star school designation is valid for three years. (6) The department may promulgate rules for the implementation of this section.

C.R.S. § 22-1-145 Use of a student's chosen name - definitions

22-1-145. Use of a student's chosen name - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Chosen name" means any name that a student requests to be known as that differs from the student's legal name, to reflect the student's gender identity. (b) "Gender identity" means an individual's innate sense of the individual's own gender, which may or may not correspond with the individual's sex assigned at birth. (c) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools. (d) "Public school" means an elementary school, middle school, junior high school, high school, or district charter school of a school district that enrolls students in any of grades kindergarten through twelve or an institute charter school that enrolls students in any of grades kindergarten through twelve. (2) A public school employee, educator, and contractor as defined in section 22-1-143 shall address a student by the student's chosen name and use the student's chosen name in school and during extracurricular activities. (3) Unless done at a student's request, knowingly or intentionally using a name other than the student's chosen name or the knowing or intentional avoidance or refusal to use a student's chosen name is discriminatory. (4) A student who is subject to discrimination pursuant to subsection (3) of this section may file a report with the public school in accordance with the requirements of section 22-1-143 (2) or file a complaint under the public school's or local education provider's policy adopted pursuant to Title IX of the federal "Education Amendments of 1972", 20 U.S.C. sec. 1681 et seq., as amended. (5) A local education provider shall implement a written policy outlining how the local education provider will honor a student's request to use a chosen name and may include a process for including a student's chosen name on school records. A written policy adopted pursuant to this subsection (5) must comply with the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended, and section 22-1-123.

C.R.S. § 22-1-146 Recovery school grant program - created - eligibility - reporting - definitions - rules - repeal

22-1-146. Recovery school grant program - created - eligibility - reporting - definitions - rules - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Department" means the department of education. (b) "Grant program" means the recovery school grant program created in subsection (2) of this section. (c) "Recovery school" means a school that: (I) Educates and supports students in recovery from substance use or co-occurring disorders, including self-harm and disordered eating; (II) Intends that all students enrolled are working in an active and abstinence-focused program of recovery as determined by the student and the school; and (III) Provides support for families learning how to live with, and provide support for, their teens who are entering into the recovery lifestyle. (2) (a) The recovery school grant program is created within the department. The purpose of the grant program is to provide grants to recovery schools for expenses related to assisting students who are living a life of sobriety. (b) Grant recipients may use the money received through the grant program for expenses related to assisting students who are living a life of sobriety. (c) Subject to available appropriations, the department shall administer the grant program and shall award grants as provided in this section. Grants must be paid out of money appropriated for the grant program as provided in subsection (5) of this section. (d) The department shall implement the grant program in accordance with this section. The commissioner of education may promulgate the rules required in this section and any additional rules necessary to implement the grant program. (3) (a) To receive a grant, a recovery school must submit an application to the department in accordance with rules promulgated by the executive director of the department. (b) The department shall review the applications received pursuant to this section. (c) On or before January 1, 2025, the department shall award grants as provided in this section. The department shall distribute the grant money within fourteen days after awarding the grants. (4) On or before July 1, 2025, each recovery school that receives a grant through the grant program shall submit a report to the department detailing how the recovery school used the grant money. (5) For the 2024-25 state fiscal year, the general assembly shall appropriate fifty thousand dollars from the general fund to the department to implement the grant program. (6) This section is repealed, effective September 1, 2026.

C.R.S. § 22-1-147 Menstrual products accessibility - rules - legislative declaration - definitions - repeal

22-1-147. Menstrual products accessibility - rules - legislative declaration - definitions - repeal. (1) (a) The general assembly finds that: (I) Menstrual products are a basic health need; (II) The lack of access to menstrual products disproportionately affects students from low-income households. According to recent research, one in four students who menstruate in the United States cannot afford menstrual products. (III) A student's inability to access menstrual products may lead to health issues, increase absences from school, and negatively impact a student's ability to fully participate in the student's education; and (IV) Providing free menstrual products to students in schools increases access to educational opportunities and supports student well-being and success. (b) Therefore, the general assembly declares it necessary to ensure that all students who menstruate have access to menstrual products in order to promote the health, dignity, and education equality of all students. (2) (a) (I) On or before June 30, 2025, a local education provider shall provide menstrual products at no expense to students in at least twenty-five percent of applicable student bathrooms in all applicable school buildings. (II) On or before June 30, 2026, a local education provider shall provide menstrual products at no expense to students in at least fifty percent of applicable student bathrooms in all applicable school buildings. (III) On or before June 30, 2027, a local education provider shall provide menstrual products at no expense to students in at least seventy-five percent of applicable student bathrooms in all applicable school buildings. (IV) On or before June 30, 2028, a local education provider; the Colorado school for the deaf and the blind, created and existing pursuant to section 22-80-102 (1)(a); and an approved facility school, as defined in section 22-2-402, shall provide menstrual products at no expense to students in all applicable student bathrooms in all applicable school buildings. (b) Notwithstanding subsection (2)(a) of this section to the contrary, a local education provider that is a small rural school district, including a charter school of the small rural school district, or an institute charter school located within the geographic boundaries of a small rural school district is not required to comply with subsection (2)(a)(I), (2)(a)(II), or (2)(a)(III) of this section. (3) Notwithstanding subsection (2)(a) of this section, if an applicable school building does not have a gender-neutral bathroom, the local education provider, the Colorado school for the deaf and the blind, or the approved facility school shall provide menstrual products in female-designated bathrooms and in a health office located in the applicable school building that is accessible to students who menstruate; except that, if there is not a health office, the local education provider, the Colorado school for the deaf and the blind, or the approved facility school shall provide the menstrual products in an administrative office located in the applicable school building accessible to students who menstruate. (4) Notwithstanding any provision of this section to the contrary, if an applicable school building is used by the local education provider, the Colorado school for the deaf and the blind, or the approved facility school to provide educational services only to students who are enrolled in kindergarten through grade six, the local education provider shall provide menstrual products but may provide menstrual products in a health office located in the applicable school building that is accessible to students who menstruate; except that, if there is not a health office, the local education provider shall provide the menstrual products in an administrative office located in the applicable school building accessible to students who menstruate. der shall provide menstrual products but may provide menstrual products in a health office located in the applicable school building that is accessible to students who menstruate; except that, if there is not a health office, the local education provider shall provide the menstrual products in an administrative office located in the applicable school building accessible to students who menstruate. (5) Notwithstanding subsection (2)(a) of this section, if a local education provider, the Colorado school for the deaf and the blind, or an approved facility school is experiencing vandalism or destruction of property as a result of complying with the requirements of this section, the local education provider, the Colorado school for the deaf and the blind, or the approved facility school may remove the menstrual products from the applicable student bathroom. If a local education provider, the Colorado school for the deaf and the blind, or an approved facility school removes menstrual products from an applicable student bathroom pursuant to this subsection (5), the local education provider, the Colorado school for the deaf and the blind, or the approved facility school shall post information in the applicable student bathroom regarding where menstrual products are available in the applicable school building. (6) (a) A local education provider that is required to comply with subsections (2)(a)(I), (2)(a)(II), and (2)(a)(III) of this section shall post information in applicable school bathrooms where there are not yet menstrual products regarding where menstrual products are available in the applicable school building. (b) This subsection (6) is repealed, effective July 1, 2030. (7) As used in this section, unless the context otherwise requires: (a) "Applicable school building" means a building that is used by a local education provider to provide educational services to students who are enrolled in any of grades six through twelve. (b) "Applicable student bathroom" means a female-designated bathroom or a gender-neutral bathroom in an applicable school building that is accessible to students who are enrolled in any of grades six through twelve who menstruate. (c) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools. (d) "Menstrual products" means, at a minimum, tampons and menstrual pads. (e) "Small rural school district" means a school district that the department of education determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand two hundred students in kindergarten through twelfth grade.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-22.docxFetched: 10/6/2026