(1) As used in this section, 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, or a facility school approved pursuant to section 22-2-407.
(2) If a local education provider or its employees, an educator, or a contractor, as defined in section 22-1-143, chooses to enact or enforce a policy related to names, that policy must be inclusive of all reasons that a student might adopt a name that differs from the student's legal name.
Source: L. 2025: Entire section added, (HB 25-1312), ch. 205, p. 928, � 6, effective May 16.
Cross references: For the short title (Kelly Loving Act) in HB 25-1312, see section 1 of chapter 205, Session Laws of Colorado 2025.
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.
Source: L. 2024: Entire section added, (SB 24-048), ch. 405, p. 2783, � 3, effective August 7.
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.
(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: L. 2024: Entire section added, (HB 24-1164), ch. 438, p. 3060, � 1, effective August 7.
22-1-148. Public school libraries - standards for acquisition - retention - display - utilization - reconsideration of library resources - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Library resource means material, both print and non-print, found in a public school library that supports curricular or personal information needs. Print items include books, magazines, newspapers, pamphlets, microfiche, or microfilm. Non-print items include e-books, streaming resources, films, disc records, filmstrips, slides, prints, audiotapes, videotapes, compact discs, computer software, library programs, and exhibits. Library resource does not include the materials that are in an individual classroom library.
(b) Local education provider means a school district, a board of cooperative services as defined in section 22-5-103 that operates a school, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, or 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 a biological parent, adoptive parent, legal guardian, or any other person having legal custody of a child.
(d) Public school means a school operated by a local education provider.
(e) Public school library staff member means a teacher librarian, school library media specialist, school librarian, any certified or noncertified staff member assigned to duties in a public school library, or any individual carrying out or assisting with the functions of a public school library.
(f) Standards means the standards with which a local education provider is required to comply in establishing written policies regarding library resources pursuant to subsection (3) of this section.
(2) Written policies. (a) Each local education provider shall establish written policies for the acquisition, retention, display, and use of library resources. In addition, each local education provider shall establish a written policy for the reconsideration of a library resource that complies with the provisions of subsection (3) of this section. Each local education provider shall establish the written policies required in this subsection (2)(a) by September 1, 2025.
(b) If, as of May 1, 2025, a local education provider has already established written policies that comply with the requirements of subsection (2)(a) of this section, the local education provider is not required to write new policies pursuant to this section.
(3) Standards. The written policies established by a local education provider pursuant to subsection (2) of this section shall, at a minimum, comply with the following standards:
(a) A public school library shall comply with the first amendment to the United States constitution as interpreted by the United States supreme court in Board of Education, Island Trees Union Free School District no. 26 v. Pico, 457 U.S. 853 (1982), and section 10 of article II of the state constitution concerning the freedom of speech;
(b) A public school library shall protect against harassment and discrimination, particularly regarding the classes set forth in section 22-1-143 (1)(d)(I), with respect to the author, content, and intended audience of a library resource; and
(c) A local education provider shall protect against obscene material as described in section 18-7-101 (2) and as interpreted in Miller v. California, 413 U.S. 15 (1973).
(4) Reconsideration of library resources. (a) (I) Except as otherwise provided in subsection (4)(a)(II) of this section, a public school library may remove a library resource from its permanent collection only if the library resource has been reviewed in accordance with an established policy for the reconsideration of library resources that complies with the requirements of subsection (3) of this section.
(II) The provisions of subsection (4)(a)(I) of this section do not apply to routine collection maintenance and deaccession in accordance with a public school library's established collection development and maintenance policy.
(b) Before a local education provider reconsiders a library resource pursuant to the policy, the local education provider shall make its reconsideration policies available to the public in a manner to be determined by the local education provider.
(c) To make a request for reconsideration of a library resource, the individual making the request must be a parent of a student who is enrolled in the public school for which the request is made.
(d) A local education provider shall not reconsider the same library resource more than once every two years; except that the established policy for the reconsideration of a library resource adopted by a local education provider may specify a period longer than two years during which the local education provider will not reconsider the same library resource.
(e) (I) Once a final determination has been made for a library resource that is the subject of a request for reconsideration, the local education provider shall make the determination and how it comports with subsection (3) of this section available to the public.
(II) A public school library shall not remove, discontinue, or restrict a library resource as the result of a request for reconsideration until the determination regarding the library resource has been made available to the public pursuant to subsection (4)(e)(I) of this section.
(f) A written request for reconsideration of a library resource in a public school library is an open record under the Colorado Open Records Act, part 2 of article 72 of title 24.
(5) Retaliation against library employees prohibited. A public school library staff member shall not be subject to termination, demotion, discipline, or retaliation for refusing to remove a library resource before it has been reviewed in accordance with the applicable local education provider's policy for the reconsideration of library resources or for making decisions that the school library staff member believes, in good faith, are in accordance with the policy of the local education provider.
Source: L. 2025: Entire section added, (SB 25-063), ch. 161, p. 649, � 2, effective May 1.
Cross references: For the legislative declaration in SB 25-063, see section 1 of chapter 161, Session Laws of Colorado 2025.
22-1-149. Policy for student possession and use of communication devices - exemption - definitions. (1) As used in this section, unless the context otherwise requires:
(a) (I) Communication device means a device that is capable of making and receiving calls, sending and receiving text messages, or accessing the internet.
(II) Communication device includes a cell phone or watch with the capabilities described in subsection (1)(a)(I) of this section.
(III) Communication device does not include a device, such as a laptop or tablet:
(A) Made available to a student by the school or the school district; or
(B) Used by the student as required by the school or the school district.
(b) Policy means the policy concerning student communication device possession and use during the school day adopted and implemented pursuant to subsection (3)(a) of this section.
(c) School day means the time period when a public school provides educational services to students who are enrolled in a public school.
(2) On or before January 5, 2026, the department of education shall make publicly available a collection of accessible resources and research that may assist in the development of policies pursuant to this section.
(3) (a) On or before July 1, 2026, the Colorado school for the deaf and the blind and each institute charter school, district charter school, and local board of education for its schools that are not district charter schools shall adopt and implement a policy concerning student communication device possession and use during the school day. At a minimum, the policy must describe:
(I) The prohibitions, if any, and exceptions, if any, regarding student communication device possession during the school day; and
(II) The prohibitions, if any, and exceptions, if any, of student communication device use during the school day.
(b) Notwithstanding subsection (3)(a) of this section, the policy must not prohibit a student from possessing and using a communication device during the school day if the possession and use are necessary as an effective communication accommodation pursuant to the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.; to comply with the student's individualized education program, as defined in section 22-20-103, or the student's section 504 plan, as defined in section 22-20-123; or to monitor or address the student's medical condition.
(4) In developing the policy, the Colorado school for the deaf and the blind, charter school, or local board of education may:
(a) Limit student communication device possession and use during the school day;
(b) Consider student communication device possession and use for prevention or response to an emergency;
(c) Consider prohibitions and exceptions for student communication device possession and use that are specific to elementary school students, middle school students, and high school students and that are appropriate based on the ages and developmental maturity of students who attend each type of school;
(d) Consider exceptions that allow student communication device possession and use during the school day for instructional purposes or to make a safe2tell report;
(e) Consider comments from the public and from staff;
(f) Consider training necessary for staff who are required to understand and enforce the policy and staff's capacity to complete the training or any new requirements associated with the policy;
(g) Consider consulting with staff who are or a local education association that is required to understand and enforce the policy prior to its implementation;
(h) Consider unintended burdens, including additional costs associated with the policy;
(i) Consider any available evidence-based resources and research concerning student communication device possession and use during the school day;
(j) Consider student communication device possession and use on and off of school grounds during the school day, including applicability for an online school, online program, or online course; and
(k) Consider issues related to media literacy and social and emotional learning.
(5) On or before July 1, 2026, the Colorado school for the deaf and the blind and each charter school and local board of education shall post its policy on its website.
(6) This section does not apply to the Colorado school for the deaf and the blind, a charter school, or a local board of education if the Colorado school for the deaf and the blind, the charter school, or the local board of education adopts and implements a policy regarding the possession and use of communication devices or cell phones on or before August 31, 2025.
Source: L. 2025: Entire section added, (HB 25-1135), ch. 162, p. 653, � 2, effective August 6.
Cross references: For the legislative declaration in HB 25-1135, see section 1 of chapter 162, Session Laws of Colorado 2025.
22-1-150. Gun violence prevention awareness - materials to parents - definitions. (1) 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, an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, and the Colorado school for the deaf and the blind authorized pursuant to section 22-80-102.
(b) Materials means the gun violence prevention materials created by the office of gun violence prevention and posted on the website of the office pursuant to section 25-20.5-1203 (2)(e).
(2) (a) A local education provider, at the beginning of each school year, shall access the materials posted on the website of the office of gun violence prevention and distribute the materials, in a written or electronic format, to each parent, guardian, and legal custodian of a student enrolled in a school of the local education provider.
(b) Each local education provider shall post or link to the materials on the local education provider's website.
Source: L. 2025: Entire section added, (HB 25-1250), ch. 351, p. 1889 � 3, effective August 6.