(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.
Source: L. 2021: Entire section added, (HB 21-1059), ch. 200, p. 1060, � 1, effective May 28.
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.
(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.
Source: L. 2021: Entire section added, (HB 21-1133), ch. 201, p. 1062, � 1, effective May 28.
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.
(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.
(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.
Source: L. 2021: Entire section added, (SB 21-116), ch. 370, p. 2438, � 2, effective June 28. L. 2022: (6) added, (HB 22-1390), ch. 237, p. 1744, � 3, effective May 26. L. 2023: (7) added, (SB 23-287), ch. 189, p. 922, � 7, effective May 15.
Cross references: For the legislative declaration in SB 21-116, see section 1 of chapter 370, Session Laws of Colorado 2021. For the legislative declaration in HB 22-1390, see section 1 of chapter 237, Session Laws of Colorado 2022. For the legislative declaration in SB 23-287, see section 1 of chapter 189, Session Laws of Colorado 2023.
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.
Source: L. 2022: Entire section added, (HB 22-1168), ch. 115, p. 538, � 1, effective August 10.