Food allergy and anaphylaxis management - rules

Colo. Rev. Stat. § 22-2-135, under Education.

Colo. Rev. Stat. § 22-2-135

(1) This section shall be known and may be cited as the Colorado School Children's Food Allergy and Anaphylaxis Management Act.

(2) As used in this section, unless the context otherwise requires, appropriate staff means employees of a school whom the principal or equivalent executive in consultation with the school nurse of the school determines to be appropriate recipients of emergency anaphylaxis treatment training, which employees shall include, but need not be limited to, employees who are directly involved during the school day with a student who has a known food allergy.

(3) (a) On or before January 1, 2010, the state board of education, in consultation with the department of public health and environment, shall promulgate rules for the management of food allergies and anaphylaxis among students enrolled in the public schools of the state. The rules must include, but need not be limited to, the following:

(I) Reasonable accommodations for communication between schools and emergency medical services, including instructions for emergency medical responders;

(II) Reasonable accommodations to reduce the risk of students' exposure to agents that may cause anaphylaxis, including but not limited to exposure that may occur in classrooms, cafeterias, and common areas and during extracurricular activities, field trips, school-sponsored programs occurring before and after regular school hours, and other school-sponsored programs;

(III) The provision of emergency anaphylaxis treatment training for appropriate staff to prepare them to respond appropriately in the event that a student suffers anaphylaxis as a result of an allergic reaction to food, which training must include, but need not be limited to, training in the administration of epinephrine; and

(IV) Procedures to ensure the availability of a student's epinephrine to faculty and administrative staff of the school in the event that a student suffers anaphylaxis and requires emergency medical treatment.

(b) Prior to the beginning of each school year, each school district shall provide notice to a parent or legal guardian of each student enrolled in a school of the school district of the policy adopted by the school district pursuant to section 22-32-139. The notice shall include the standard form developed by the department of public health and environment pursuant to section 25-1.5-109, C.R.S., to allow the parent or legal guardian of a student with a known food allergy to provide the following information to the school's administration:

(I) Documentation regarding the diagnosis and history of the student's food allergy;

(II) Identification of all foods to which the student is known to be allergic;

(III) Identification of any medication that has been prescribed for the student for the treatment of a food allergy or anaphylaxis;

(IV) Any specific signs or symptoms that may indicate the student is having an allergic reaction to a food;

(V) Emergency treatment procedures to employ in the event that the student suffers an allergic reaction to food;

(VI) The names and telephone numbers of persons whom the administration of the student's school should contact in addition to emergency medical personnel in the event that the student suffers an allergic reaction to food; and

(VII) The name, telephone number, and signature of the student's primary health-care provider.

(c) The notice required by paragraph (b) of this subsection (3) shall include language that encourages parents and legal guardians of students for whom medication has been prescribed for treatment of a food allergy or anaphylaxis to give to the school nurse or other administrator of the student's school a supply of the medication.

Source: L. 2009: Entire section added, (SB 09-226), ch. 245, p. 1103, � 2, effective August 5. L. 2011: (3)(c) amended, (SB 11-012), ch. 62, p. 163, � 3, effective March 25. L. 2025: IP(3)(a), (3)(a)(III), and (3)(a)(IV) amended, (SB 25-278), ch. 295, p. 1509, � 2, effective May 30.

Cross references: For the legislative declaration contained in the 2009 act adding this section, see section 1 of chapter 245, Session Laws of Colorado 2009.

22-2-136. Additional duty - state board - individual career and academic plans - standards - rules. (1) (a) The state board shall promulgate rules pursuant to the State Administrative Procedure Act, article 4 of title 24, to establish standards for individual career and academic plans for students enrolled in the public schools in the state.

(b) An individual career and academic plan must be designed to assist a student and the student's parent or legal guardian in exploring the postsecondary career and educational opportunities available to the student, including apprenticeship programs registered through the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by that office; aligning course work and curriculum; applying to postsecondary education institutions; securing financial aid; and ultimately entering the workforce. As part of the process of establishing the individual career and academic plan, the student and the student's parents must be made aware of the importance of completing the free application for federal student aid or the Colorado application for state financial aid, or successor forms for accessing federal and state financial aid, and be provided help in completing the forms, if requested.

(2) In establishing the standards for individual career and academic plans, the state board shall ensure, at a minimum, that:

(a) Each individual career and academic plan includes a career planning and guidance component and a portfolio that reflects, at a minimum:

(I) The student's efforts in exploring careers, including interest surveys that the student completes;

(II) The student's academic progress, including the courses taken, any remediation or credit recovery, and any concurrent enrollment credits earned;

(III) For district charter schools and institute charter schools that choose to administer the developmental education placement or assessment tests, the student's scores on the developmental education placement or assessment tests administered pursuant to section 22-30.5-117 or 22-30.5-526, any intervention plan created for the student pursuant to those sections, and the student's progress in meeting the intervention plan;

(IV) The student's progress in visual arts and performing arts courses;

(V) The student's experiences in contextual and service learning;

(VI) The student's college applications and resume, as they are prepared and submitted; and

(VII) The student's postsecondary studies as the student progresses;

(b) Each individual career and academic plan is accessible to educators, students, and parents;

(c) Each public school, in assisting students and parents in creating and maintaining the individual career and academic plans, is in compliance with the requirements of the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g; and

(d) (I) Beginning with the 2027-28 school year, each individual career and academic plan includes a requirement that, during the student's graduation year, the student has exposure to federal financial aid eligibility tools and net price calculators and practices filling out a free application for federal student aid or the Colorado application for state financial aid.

(II) Notwithstanding subsection (2)(d)(I) of this section, a student is not required to practice filling out a free application for federal student aid or the Colorado application for state financial aid if:

(A) The student or the student's parent or legal guardian affirmatively declines to practice filling out the application; or

(B) Authorized school personnel determines it is not feasible for the student to practice filling out an application.

Source: L. 2009: Entire section added, (SB 09-256), ch. 294, p. 1557, � 17, effective May 21. L. 2010: (2)(a)(II.5) added, (HB 10-1273), ch. 233, p. 1021, � 4, effective May 18. L. 2012: (2)(a) amended, (HB 12-1345), ch. 188, p. 728, � 17, effective May 19. L. 2019: (2)(a)(III) amended, (HB 19-1206), ch. 133, p. 599, � 5, effective April 25. L. 2021: (1) amended, (HB 21-1200), ch. 284, p. 1688, � 5, effective September 7. L. 2023: (1) amended, (HB 23-1212), ch. 197, p. 1004, � 2, effective August 7. L. 2025: (2)(a)(III) amended, (SB 25-222), ch. 100, p. 449, � 3, effective April 24; (2)(b) and (2)(c) amended and (2)(d) added, (HB 25-1192), ch. 239, p. 1206, � 2, effective August 6.

Cross references: For the legislative declaration in the 2010 act adding subsection (2)(a)(II.5), see section 1 of chapter 233, Session Laws of Colorado 2010. For the legislative declaration in the 2012 act amending subsection (2)(a), see section 11 of chapter 188, Session Laws of Colorado 2012. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1200, see section 1 of chapter 284, Session Laws of Colorado 2021. For the legislative declaration in HB 25-1192, see section 1 of chapter 239, Session Laws of Colorado 2025.

22-2-137. State schools - legislative declaration - feasibility study - authority to contract - funding. (1) The general assembly finds that some states have created state and residential schools to provide educational programs and student support services for students who are at risk of academic failure. The general assembly further finds that early reports of results achieved by some of these schools indicate that this may be a promising approach to reducing the dropout rate, closing the achievement gaps, and helping to raise the level of academic achievement among students in the state. The general assembly therefore finds that it is appropriate for the commissioner to study the feasibility of creating one or more state schools in Colorado, which may include a residential component or a specific student population.

(2) Beginning in July 2009, the commissioner shall study the feasibility of operating one or more state schools to serve students who are in need of greater academic support and who may be at risk of academic failure. At a minimum, the feasibility study shall address and make recommendations concerning the following issues:

(a) The goals that a state school would be designed to achieve and a method for measuring the level of achievement of those goals. In addressing this issue, the commissioner shall provide an overview of the state and residential schools operating in other states, the goals that they are designed to achieve, and the degree to which they have achieved or are achieving those goals.

(b) The appropriate student population to be served by a state school and the manner of selecting students, the number of state schools that should be considered, and appropriate locations for state schools;

(c) The governance structure and funding for a state school, including the optimal level of per pupil funding, funding for capital construction needs, and potential public and private funding sources;

(d) The appropriate curriculum for a state school, including which grade levels a state school would serve, the length of the school day and school year for which a state school would operate, and whether a state school should include a focus on specific subject matter areas; and

(e) The types of student and family support services that a state school would provide, including the manner in which a state school would collaborate with state and local agencies in providing these services.

(3) On or before February 1, 2010, the department shall submit to the education committees of the house of representatives and the senate the feasibility study described in subsection (2) of this section for operating one or more state schools and any legislative recommendations the department may have pertaining to the creation of one or more state schools.

(4) (a) Following completion of the feasibility study, if the commissioner concludes that the creation and operation of state residential schools would be beneficial to the state, the commissioner may contract for the creation and operation of one or more state residential schools to provide educational services to students who are at risk of academic failure. Any state residential school operated pursuant to this section shall provide an educational program focused on mathematics and science.

(b) If the commissioner does not contract for state residential schools as authorized in paragraph (a) of this subsection (4), the commissioner may provide technical assistance to school districts and public schools to address the needs of students who are at risk of academic failure by improving the availability and quality of secondary-level mathematics and science curricula.

(5) (a) It is the intent of the general assembly that up to three million dollars be appropriated to the commissioner to expend for the implementation of subsection (4) of this section. The general assembly finds that, for purposes of section 17 of article IX of the state constitution, the creation of state residential schools and the provision of technical assistance to improve secondary-level mathematics and science curricula as provided in subsection (4) of this section are important elements of accountable programs to meet state academic standards, and the general assembly may therefore appropriate moneys from the state education fund created in section 17 (4) of article IX of the state constitution for the implementation of subsection (4) of this section.

(b) In addition to the funding provided pursuant to paragraph (a) of this subsection (5), if the commissioner contracts for the creation and operation of one or more state residential schools, the department shall provide funding for said schools by withholding moneys from the state share of total program funding payable to the district of residence of each student who enrolls in a state residential school. The amount withheld shall be equal to the amount of the school district's per pupil revenue for the applicable budget year multiplied by the number of students who reside in the school district and are enrolled in the state residential school as of the pupil enrollment count day of the applicable budget year. A student who enrolls in a state residential school shall be counted in the pupil enrollment of the student's school district of residence for purposes of this paragraph (b). The department shall adopt guidelines as necessary for the implementation of this paragraph (b).

(c) The commissioner is encouraged to apply federal moneys received pursuant to the federal American Recovery and Reinvestment Act of 2009, Pub.L. 111-5, to the extent allowed to offset the costs incurred in implementing this section. The commissioner is authorized to seek and accept additional public or private gifts, grants, or donations for the implementation of this section.

Source: L. 2009: Entire section added, (SB 09-256), ch. 294, p. 1561, � 24, effective May 21. L. 2012: (5)(b) amended, (HB 12-1090), ch. 44, p. 150, � 3, effective March 22.