(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.
Source: L. 90: Entire section added, p. 1042, � 1, effective June 7. L. 98: (8) amended, p. 823, � 30, effective August 5. L. 2000: (3) amended, p. 1971, � 13, effective June 2. L. 2006: (4) amended, p. 595, � 3, effective August 7. L. 2020: (1) amended and (9) added, (HB 20-1062), ch. 79, p. 321, � 1, effective September 14. L. 2021: (8) amended, (SB 21-059), ch. 136, p. 738, � 94, effective October 1.
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. 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.
Source: L. 93: Entire section added, p. 611, � 2, effective April 30; (1)(b) amended, p. 634, � 3, effective July 1. L. 99: (1)(a) amended and (1.5) and (1.7) added, p. 1101, � 2, effective July 1. L. 2000: (1)(c) amended, p. 1848, � 38, effective August 2. L. 2002: (1.7) amended, p. 974, � 8, effective June 1. L. 2003: (2) amended, p. 1408, � 14, effective January 1, 2004. L. 2006: (1.7)(a) and (1.7)(c) amended, p. 926, � 6, effective July 1. L. 2017: (1.7)(a) amended, (SB 17-189), ch. 149, p. 501, � 8, effective August 9. L. 2019: (1.7)(a) amended, (HB 19-1186), ch. 94, p. 344, � 2, effective April 10; (1.7)(a.5) added and (1.7)(b) amended, (HB 19-1166), ch. 125, p. 545, � 21, effective April 18. L. 2022: (1.7)(a.5) and (1.7)(b) amended, (HB 22-1270), ch. 114, p. 519, � 22, effective April 21.
Cross references: For the legislative declaration contained in the 2003 act amending subsection (2), see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative declaration in HB SB 19-1186, see section 1 of chapter 94, Session Laws of Colorado 2019.
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.
(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.
(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.
Source: L. 2000: Entire section added, p. 357, � 9, effective April 10. L. 2001: (1)(a), (2)(b)(III), (2)(b)(IV), (3)(b), (4), and (6)(a)(I) amended, p. 1490, � 12, effective June 8. L. 2009: (1)(a), (2)(b)(III), (2)(b)(IV), (3), (4), and (6)(a) amended, (SB 09-163), ch. 293, p. 1526, � 6, effective May 21. L. 2012: (2)(c.5) added and (6)(b) amended, (HB 12-1090), ch. 44, p. 149, � 1, effective March 22. L. 2024: (6)(b) amended, (HB 24-1448), ch. 236, p. 1526, � 27, effective May 23.
Cross references: For the Public School Finance Act of 1994, see article 54 of this title.
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.
(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.
(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.
Source: L. 2000: Entire section added, p. 1096, � 1, effective August 2. L. 2003: (1) amended, p. 1806, � 1, effective August 6. L. 2004: (12) amended, p. 1283, � 11, effective May 28. L. 2012: (5)(a), (5)(b), and (5)(c) amended and (5)(g) added, (SB 12-036), ch. 273, p. 1443, � 1, effective August 8. L. 2015: (5)(b) amended, (HB 15-1323), ch. 204, p. 719, � 18, effective May 20.