Bullying prevention and education policies - short title - study

Colo. Rev. Stat. § 22-2-144, under Education.

Colo. Rev. Stat. § 22-2-144

(1) The short title of this section is Ashawnty's Law.

(2) (a) The department shall research approaches, policies, and practices related to bullying prevention and education used by education providers in other states. On or before July 1, 2019, after consideration of the research conducted pursuant to this subsection (2)(a), the department, in consultation with the school safety resource center created in section 24-33.5-1803, shall develop a model bullying prevention and education policy. The research and model policy described in this subsection (2)(a) must be updated every three years. The department shall utilize a stakeholder process when updating the model bullying prevention and education policy, which process must include participation by the parents of students who have been bullied.

(b) On or before July 1, 2019, and every three years thereafter, the department shall publish the results of the research and model policy required by subsection (2)(a) of this section on its website as guidance for school districts, charter schools, and the charter school institute to consider when developing and implementing bullying prevention and education policies.

(3) At a minimum, the model policy developed pursuant to subsection (2)(a) of this section must:

(a) Clearly differentiate between a conflict and bullying and between harassment and bullying; and

(b) Clarify the role of cyberbullying during online instruction, which may occur on or off school property.

Source: L. 2018: Entire section added, (SB 18-151), ch. 140, p. 915, � 1, effective August 8. L. 2021: (2)(a) amended and (3) added, (HB 21-1221), ch. 209, p. 1085, � 2, effective June 7.

Cross references: For the short title (Jack and Cait's Law) in HB 21-1221, see section 1 of chapter 209, Session Laws of Colorado 2021.

22-2-145. Media literacy - committee - report - strategic plan - resource bank - definition - rules. (1) For purposes of this section, unless the context otherwise requires, media literacy means the:

(a) Ability to access, analyze, evaluate, create, and act through the various forms of media;

(b) Ability to analyze the reliability of information, claims, and sources presented in the various forms of media; and

(c) Practice of digital citizenship, including norms of appropriate and responsible behavior and discourse when engaging with media, and the prevention of cyberbullying.

(2) (a) There is created in the department of education the media literacy advisory committee, referred to in this section as the committee. The committee shall create a report containing recommendations and best practices for implementing media literacy into elementary and secondary education. The report must include, but is not limited to:

(I) Recommended revisions to state education standards for reading, writing, and civics, pursuant to section 22-7-1005 (2)(a), to implement media literacy in elementary and secondary education;

(II) Recommended materials and resources for teachers to adopt for media literacy instruction;

(III) Recommended legislation or rules to implement media literacy in elementary and secondary education;

(IV) Best practices for school districts to develop policies and procedures regarding media literacy;

(V) Strategies to support school districts implementing the best practices and recommendations developed by the committee; and

(VI) Recommended opportunities to recognize students and teachers who demonstrate excellence in media literacy.

(b) The commissioner of education shall appoint the following members to serve on the committee no later than July 15, 2019:

(I) One member who is an academic expert in media literacy;

(II) One member who is a teacher in a rural school district or a small rural school district, as defined in section 22-7-1211 (4), and holds an initial or professional teacher's license pursuant to article 60.5 of this title 22;

(III) One member who is a teacher in a school district that is not a rural school district or a small rural school district, as defined in section 22-7-1211 (4), and holds an initial or professional teacher's license pursuant to article 60.5 of this title 22;

(IV) One member who is a librarian and is a member of a professional association of librarians;

(V) One member who is a school administrator in a rural school district or a small rural school district, as defined in section 22-7-1211 (4), and is a member of a professional association of school administrators;

(VI) One member who is a school administrator in a school district that is not a rural school district or a small rural school district, as defined in section 22-7-1211 (4), and is a member of a professional association of school administrators;

(VII) One member who is a parent or legal guardian of a student who attends a public school and is a member of a parent organization;

(VIII) One member who is a student in a rural school district or a small rural school district, as defined in section 22-7-1211 (4);

(IX) One member who is a student in a school district that is not a rural school district or a small rural school district, as defined in section 22-7-1211 (4);

(X) One member who represents a nonprofit organization specializing in media literacy;

(XI) One member who represents a nonprofit organization specializing in journalism;

(XII) One member who is a professional print journalist and is a member of a professional association of journalists; and

(XIII) One member who is a professional broadcast journalist and is a member of a professional association of broadcasters.

(3) (a) On or before July 15, 2019, the commissioner of education shall hire a consultant to perform the research and coordination of the committee required to draft the report.

(b) The consultant shall consult with committee members to elicit recommendations for the report, as described in subsection (2)(a) of this section. The consultant is not required to conduct consultations in person and may conduct consultations through telephone, email, or video conference.

(c) The consultant shall distribute his or her research and draft reports to committee members for feedback at least monthly and the latest draft report at least three days prior to the committee meeting described in subsection (3)(d) of this section.

(d) On or before November 1, 2019, the committee shall convene to discuss the draft report and finalize recommendations for the final report to be submitted pursuant to subsection (4) of this section.

(e) The consultant shall incorporate feedback and recommendations from the committee's meeting described in subsection (3)(d) of this section. The consultant shall distribute his or her draft report to committee members for final feedback to be received by the consultant no later than December 1, 2019.

(4) On or before January 1, 2020, the committee shall submit the written report of its findings, recommendations, and summaries of the committee's discussions and diverse opinions regarding the findings and recommendations contained in the final report to the education committees of the house of representatives and the senate, or any successor committees.

(5) Repealed.

(6) (a) The department shall create and maintain an online resource bank of materials and resources pertaining to media literacy. At a minimum, the resource bank must include the materials and resources recommended in the committee's report created pursuant to subsection (2) of this section. The department shall create the online resource bank on or before the date when revisions are adopted to include knowledge and skills relating to media literacy within the reading, writing, or civics standards, whichever revisions occur first, pursuant to section 22-7-1005 (2.6).

(b) The department shall promulgate rules, if necessary, to implement a procedure through which a person may provide comment on a material or resource within the resource bank, including a comment recommending the removal or inclusion of a material or resource within the resource bank.

(c) Upon the request of a school district, district charter school, institute charter school, or board of cooperative services, the department shall provide, subject to available resources, technical assistance to a school district, district charter school, institute charter school, or board of cooperative services, with implementing policies and procedures, best practices, and recommendations related to media literacy.

(7) A school district, district charter school, institute charter school, or board of cooperative services is not required to adopt or implement any material or resource from the resource bank into its curriculum.

Source: L. 2019: Entire section added, (HB 19-1110), ch. 412, p. 3624, � 1, effective June 3. L. 2020: (2)(b)(VI) and (2)(b)(IX) amended, (HB 20-1402), ch. 216, p. 1049, � 37, effective June 30. L. 2021: (5) repealed and (6) and (7) added, (HB 21-1103), ch. 187, p. 1001, � 2, effective May 27.

Cross references: For the legislative declaration in HB 21-1103, see section 1 of chapter 187, Session Laws of Colorado 2021.

22-2-146. Department of education - COVID-19-related education loss - strategies - resources - report - legislative declaration. (1) The general assembly finds that:

(a) Due to the public health risks of the COVID-19 pandemic, the public schools in Colorado have had to cease in-person instruction for repeated and extended periods of time during the 2019-20 and 2020-21 school years;

(b) Research suggests that these periods of remote learning, as well as trauma experienced by students as a result of the pandemic, have had detrimental effects on students' ability to learn and grow academically and on their ability even to retain the level of learning that they had previously achieved;

(c) These negative effects have had an even greater impact on students of color, low-income students, and students with disabilities, who are expected to experience a significantly greater loss of learning, thereby exacerbating the academic achievement gaps that existed before the pandemic;

(d) The school districts and public schools of the state will face significant challenges in trying to compensate for these learning losses and in helping all students to overcome the learning losses they have experienced and advance to grade-level or higher academic achievement;

(e) There are indications that tutoring services, programs that extend the school day or the school year, and summer school programs may be successful in helping students, especially low-income students, students of color, and students with disabilities, to overcome learning loss and close the achievement gap;

(f) There are other innovative strategies that some public schools and school districts have been implementing to address learning loss, including home visitation programs through which teachers visit their students' homes to assist the students and the parents in efforts to overcome learning loss; and

(g) The department of education can play a crucial role in supporting school districts and public schools by identifying best practices for addressing these learning losses and effective strategies for boosting student learning and closing achievement gaps and by providing a resource bank of model materials and strategies specifically designed to address learning recovery for all students.

(1.5) (a) The general assembly further finds that on March 11, 2021, President Biden signed H.R.1319, the American Rescue Plan Act of 2021, into law. In part, the act provides approximately $122.7 billion in supplemental money to the elementary and secondary emergency education relief fund for distribution to states. Approximately $1.166 billion of that amount is expected to be distributed to Colorado, of which at least $1.05 billion must be distributed to local education providers and $116.6 million will be retained by the state department of education. The act requires the department to use approximately $58 million to address learning recovery, approximately $11.6 million for after-school activities, and approximately $11.6 million for summer learning programs.

(b) The department is strongly encouraged to use as much as possible of the amount of federal money that the department receives under the American Rescue Plan Act of 2021 to fund programs to address learning recovery, which may include intensive tutoring programs, extended-day learning programs, supplemental online courses, summer learning programs, and other programs that are identified by local education providers or have demonstrated success in effectively addressing learning recovery. The department is specifically encouraged to use a portion of the federal money to assist local education providers in accessing supplemental online learning recovery courses for students enrolled in kindergarten through twelfth grade, as described in section 22-5-119 (11).

(2) (a) By the fall semester of the 2021-22 school year and continuing thereafter, the department shall identify educational products, strategies, and services that have demonstrated effectiveness in identifying and reversing student learning loss, including those products, strategies, and services that are specifically designed to address learning loss experienced by students of color, low-income students, and students with disabilities. The department shall create and maintain a resource bank of examples of these products, explanations of and instructions for implementing these strategies and services, and models of professional development programs related to using the products and implementing the strategies and services. The department shall ensure that the resource bank includes products, strategies, and services and models of professional development programs that take into account the circumstances of, and are appropriate for implementation by, rural and small rural school districts and charter schools located within rural and small rural school districts.

(b) The department shall include in the resource bank information concerning public and private nonprofit entities that may partner with school districts, boards of cooperative services, and charter schools to provide personnel or other resources to assist in implementing strategies to overcome learning loss.

(c) School districts, boards of cooperative services, and charter schools may submit to the department descriptions and explanations of strategies, services, and programs that they have implemented, with evidence demonstrating the positive effects achieved through implementing the strategies, services, and programs. The department shall include the submitted examples in the resource bank.

(d) The resource bank must be available for review by school districts, boards of cooperative services, and charter schools. To the greatest extent possible within existing resources, the department shall provide technical assistance, upon request, to assist school districts and charter schools in identifying and implementing strategies to address student learning loss.

(3) The department shall create a report specifying the purposes for which the department used the federal money received pursuant to the federal Coronavirus Aid, Relief and Economic Security Act, Pub.L.116-136; the Coronavirus Response and Relief Supplemental Appropriations Act, 2021, Pub.L.116-260; and the American Rescue Plan Act of 2021, Pub.L.117-2. At a minimum, the report must identify the total amount that the department received and was authorized to spend at the state level under each act, the purposes for which the department spent the amounts received, the specific amount allotted to each purpose, and any data the department may have concerning the results achieved in using the money for each purpose. On or before December 1, 2021, and on or before December 1 each year thereafter through December 1, 2024, the department shall submit the report to the education committees of the house of representatives and senate, or any successor committees, and post the report on the department's website. The department shall also present the report as part of the department's hearing held each January pursuant to section 2-7-203, starting in 2022 and continuing through 2025.

Source: L. 2021: Entire section added, (SB 21-013), ch. 132, p. 532, � 1, effective May 13.

22-2-146.5. Department of education - improving mathematics outcomes - training and technical assistance - report - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Children with disabilities has the same meaning as set forth in section 22-20-103.

(b) Evidence-informed means a program or practice in mathematics that relies on peer-reviewed evidence to establish a basis for accelerating learning. Evidence-informed includes evidence-informed curricula, interventions, acceleration strategies, and assessment options.

(c) Rural school district means a school district in Colorado that the department 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.

(d) Small rural school district means a school district in Colorado that the department 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 students in pre-kindergarten through twelfth grade.

(e) Train-the-trainer means a training framework that develops educators into subject matter experts who can teach other educators about mathematics.

(2) By January 2024, the department shall contract with an organization, in accordance with the Procurement Code, articles 101 to 112 of title 24, to create free optional trainings, incorporating the train-the-trainer model, in evidence-informed practices in mathematics, including a training specifically designed for elementary school educators and a training specifically designed for secondary school mathematics educators. Each training must include interventions and strategies to grow and accelerate student proficiencies in mathematics to help students who are below grade level or struggling in mathematics, children with disabilities, and students who are English language learners. Training may include, but need not be limited to, content aligned with student academic standards, standards for mathematical practice, and cultivation of mathematical best practices and mindsets. The training is available to relevant staff of school districts, related administrative units, district charter schools, institute charter schools, boards of cooperative services, and community-based organizations, as defined in section 22-2-146.6. The department shall keep record of the school districts, related administrative units, district charter schools, institute charter schools, and boards of cooperative services that participate in the educator training.

(3) The department, upon request, shall provide technical assistance to rural school districts and small rural school districts, including administrative units and district charter schools, and institute charter schools in rural areas. Technical assistance must include identifying best practices in mathematics, including interventions to help students who are below grade level or struggling in mathematics, children with disabilities, and students who are English language learners.

(4) The department shall publish, on a continuous basis, a list of evidence-informed curricula and assessment options for mathematics. The department shall consult with schools of a school district, district charter schools, institute charter schools, educators who teach mathematics, and national experts and repositories to update the list of evidence-informed curricula and assessment options for mathematics. The department shall review the list and remove material, as necessary, every four years.

(5) The department shall provide and regularly update evidence-informed interventions for improving mathematics achievement, including intervention options that may be available to parents remotely. The department shall publish the evidence-informed interventions on the department's website.

(6) (a) Notwithstanding section 24-1-136 (11)(a)(I), on or before July 1, 2024, and on or before July 1 each year thereafter, the department shall report to the education committees of the house of representatives and the senate, or their successor committees, and the state board concerning the activities and status of any technical assistance and training provided pursuant to this section.

(b) Beginning January 2025, the department shall report on the information collected pursuant to subsection (6)(a) of this section, including a list of the school districts, related administrative units, district charter schools, institute charter schools, and boards of cooperative services that participate in the educator training pursuant to subsection (2) of this section, at the department's annual hearing held pursuant to the SMART Act, part 2 of article 7 of title 2.

Source: L. 2023: Entire section added, (HB 23-1231), ch. 190, p. 938, � 1, effective May 15.

22-2-146.6. Colorado academic accelerator grant program - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Colorado academic accelerator grant program or grant program means the Colorado academic accelerator grant program created in subsection (2) of this section.

(b) Community-based organization means a public or private nonprofit organization of demonstrated effectiveness that is representative of a community or significant segments of a community and provides educational or related services to individuals in the community.

(c) Community learning center means an entity that assists students to meet the rigorous state academic standards by providing students with free academic enrichment and support activities and a broad array of other activities during nonschool hours, periods when school is not in session, or during extended learning hours.

(d) Eligible entity means a local education provider, a community-based organization, an Indian tribe or tribal organization, another public or private entity, or a consortium of two or more agencies, organizations, or entities.

(e) Evidence-informed means a program or practice in mathematics that relies on peer-reviewed evidence to establish a basis for accelerating learning. Evidence-informed includes evidence-informed curricula, interventions, and assessment options.

(f) 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 operated pursuant to article 5 of this title 22 that operates more than one public school.

(g) STEM means the combination of the disciplines of science, technology, engineering, and mathematics.

(2) (a) There is created in the department the Colorado academic accelerator grant program. The purpose of the grant program is to create community learning centers that:

(I) Provide opportunities for free academic enrichment and support activities, which must include providing tutorial services to help students, particularly students who attend high-needs schools, as determined by the department, to meet rigorous state academic standards, specifically in STEM and mathematics, and to increase proficiencies in mathematics outcomes; and

(II) Offer families of students opportunities for active and meaningful engagement in students' education, including opportunities for mathematics literacy and related educational development.

(b) The department shall administer the grant program. An eligible entity that receives grant money pursuant to this section shall use the grant money toward meeting the purposes set forth in subsection (2)(a) of this section. Eligible entities are selected for a grant that runs for a period of three years. If a community-based organization applies, the community-based organization must be experienced in out-of-school supports and shall partner with a local education provider as an eligible entity.

(c) The department shall implement a timeline for the grant program, which must include the following:

(I) The date the department shall announce the grant program and begin accepting applications from eligible entities;

(II) The date by which an eligible entity must submit an application;

(III) The date the department shall begin distributing grant money to the grantees; and

(IV) The dates an eligible entity shall submit a report to the department summarizing the use of funds pursuant to this section, including data on the academic improvement of students in mathematics disaggregated by race, ethnicity, gender, grade level, disability, socioeconomic status, geographic location, and English language learner status.

(3) (a) The department shall prioritize eligible entities that:

(I) Adopt intervention strategies described in section 22-32-118.6 or 22-30.5-526.5;

(II) Use evidence-informed programs that build student skills in STEM and mathematics;

(III) Use digital math accelerator programs;

(IV) Serve high-needs students, as determined by the department;

(V) Target students who transition from elementary school to middle school and middle school to high school;

(VI) Have an established presence and relationship in the community; and

(VII) Have demonstrated in the application how the eligible entity will meet the needs of diverse student populations.

(b) The department shall review the applications submitted pursuant to subsection (2)(c)(II) of this section.

(c) The department shall not use more than five percent of state funds to administer the grant program, including, but not limited to:

(I) Monitoring and evaluating grant program activities; and

(II) Providing training and technical assistance.

(d) The department shall ensure eligible entities use evidence-informed curricula and interventions in mathematics as identified by the department pursuant to section 22-2-146.5, including any state-purchased curricula or digital software focused on mathematics.

(4) (a) Eligible entities shall use grant funds for free academic enrichment and support activities and tutoring programs with a focus on STEM and mathematics, particularly for students who are below grade level or struggling in mathematics; children with disabilities, as defined in section 22-20-103; and students who are English language learners.

(b) Eligible entities may use grant funds to:

(I) Facilitate programs to engage communities to support high-needs schools, as determined by the department;

(II) Create mentorship programs; and

(III) Provide other academic or social enrichment opportunities, including experiential mathematics activities, to help ensure students can meet the state's rigorous academic standards.

(c) If a local education provider receives a grant to become a community learning center, the local education provider shall provide free academic enrichment and support programs, mentorship programs, remedial education programs, and tutoring services that align with the state's rigorous academic standards.

(d) (I) If a local education provider in partnership with a community-based organization receives a grant to become a community learning center, the local education provider shall provide free academic enrichment and support programs, mentorship programs, remedial education programs, and tutoring services that align with the state's rigorous academic standards. The local education provider shall coordinate with the community-based organization to share data on student performance that is relevant to each student's performance in school in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, as amended, and the Student Data Transparency and Security Act, created in article 16 of this title 22.

(II) The local education provider shall coordinate with community-based organization instructors to:

(A) Offer access to relevant district or state training focused on STEM and mathematics instruction, including training created pursuant to section 22-2-146.5 (2); and

(B) Provide access to district or statewide software licenses for digital math accelerator programs.

(5) The state board may promulgate rules for the implementation of this section.

(6) (a) On or before July 1, 2024, the department shall contract with a third-party evaluator, in accordance with the Procurement Code, articles 101 to 112 of title 24, to review, evaluate, and draft a report summarizing the following:

(I) The impact of the grant program on financial savings for parents;

(II) Data on student engagement, dropout rates, graduation rates, chronic absenteeism, and mobility rates;

(III) Student academic improvement in mathematics, including data disaggregated by race, ethnicity, gender, grade level, disability, socioeconomic status, geographic location, and English language learner status; and

(IV) The disaggregated data of eligible entities submitted to the department pursuant to subsection (2)(c)(IV) of this section.

(b) The department shall collect the data reported to the department by eligible entities pursuant to subsection (2)(c)(IV) of this section and by the third-party evaluator pursuant to this subsection (6).

(7) (a) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2025, and each January 1 thereafter, the department shall submit the report described in subsection (6) of this section to the education committees of the house of representatives and the senate, or their successor committees, the governor, and the state board.

(b) Beginning January 2025, the department shall report on the information collected pursuant to subsection (7)(a) of this section at the department's annual hearing held pursuant to the SMART Act, part 2 of article 7 of title 2.

(8) The department and eligible entities shall report data pursuant to this section in compliance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, as amended, and the Student Data Transparency and Security Act, created in article 16 of this title 22.

(9) For the 2023-24 budget year, the general assembly shall appropriate twenty-four million five hundred thousand dollars to the department. The department shall have the authority to spend funds continuously through the 2026-27 budget year for the purposes of this section. Any unexpended funds that remain at the end of the 2026-27 budget year revert back to the general fund.

Source: L. 2023: Entire section added, (HB 23-1231), ch. 190, p. 942, � 4, effective May 15. L. 2024: (4)(d)(II)(A) amended, (HB 24-1450), ch. 490, p. 3414, � 33, effective August 7.

22-2-146.8. Department of education - improving science outcomes - teacher professional development - report - appropriation - legislative declaration - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Children with disabilities has the same meaning as set forth in section 22-20-103.

(b) Colorado academic standards for science means evidence-informed standards for student learning in science as adopted by the state board of education.

(c) Eligible teacher means a person who is licensed pursuant to article 60.5 of this title 22 or is authorized pursuant to section 22-60.5-111 to teach and who is employed by a local education provider in the state to provide science instruction. Eligible teacher also includes an educator who is employed by an Indian tribe or tribal organization in the state to provide science instruction.

(d) Evidence-informed means a program or practice in science that relies on peer-reviewed evidence to establish a basis for accelerating learning. Evidence-informed includes evidence-informed curricula, interventions, acceleration strategies, and assessment options.

(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 more than one public school.

(f) Rural school district means a school district in Colorado that the department 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.

(g) Small rural school district means a school district in Colorado that the department 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 students in pre-kindergarten through twelfth grade.

(h) Standard has the same meaning as set forth in section 22-7-1003.

(2) The department shall contract with a Colorado institution of higher education in accordance with the Procurement Code, articles 101 to 112 of title 24, to make available no later than the beginning of the 2025-26 school year a free, optional professional development program hosted on a regional basis around the state that includes an opportunity for both in-person and virtual participation and that is designed to enhance pedagogy around the Colorado academic standards for science. The Colorado institution of higher education selected for the contract may partner with other non-profits or third-party providers that offer professional development opportunities to teachers that enhance pedagogy around the Colorado academic standards for science. The professional development program must:

(a) Be designed to enhance student instruction around the Colorado academic standards for science, including coverage of the science and engineering practices, disciplinary core ideas, and cross-cutting concepts provided by the standards;

(b) Include evidence-informed interventions and strategies to grow and accelerate student proficiencies in science to help students who are below grade level or struggling in science, children with disabilities, gifted students, and students who are English language learners;

(c) Include, but need not be limited to, content aligned with Colorado academic standards for science, which include cultivation of scientific inquiry and best practices;

(d) Incentivize eligible teacher participation by offering ongoing professional development credit toward licensure renewal pursuant to article 60.5 of this title 22;

(e) Be structured to give local education providers and teachers planning professional development activities sufficient time to pursue ongoing professional development credit toward licensure renewal pursuant to article 60.5 of this title 22; and

(f) Prioritize professional development for eligible teachers employed at local education providers located in rural school districts and small rural school districts if demand exceeds program capacity.

(3) On or before January 30, 2027, the department shall report to the education committees of the house of representatives and the senate, or their successor committees, and the state board on the number of eligible teachers, disaggregated by license type and local education provider, who participated in the professional development program created in this section.

(4) (a) The general assembly declares that, for purposes of section 17 of article IX of the state constitution, a professional development program to enhance pedagogy around the Colorado academic standards for science is an important element in implementing accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(b) For the 2024-25 budget year, the general assembly shall appropriate three million dollars from the state education fund to the department. Any money appropriated pursuant to this section that is not expended prior to July 1, 2025, remains available for expenditure for the same purpose in the 2026-27 budget year without further appropriation. At the end of the 2026-27 budget year, the money that is unexpended or unencumbered reverts to the state education fund.

Source: L. 2024: Entire section added, (HB 24-1446), ch. 239, p. 1565, � 2, effective August 7.

Cross references: For the legislative declaration in HB 24-1446, see section 1 of chapter 239, Session Laws of Colorado 2024.

22-2-147. Menstrual hygiene products accessibility grant program - eligibility - report - rules - definitions. (1) There is created in the department the menstrual hygiene products accessibility grant program in order to provide menstrual hygiene products at no expense to students. A grant recipient shall ensure that menstrual hygiene products are accessible to a student regardless of the student's gender identity.

(2) A grant recipient shall use the award to acquire and distribute menstrual hygiene products at no expense to students or acquire, install, and maintain a dispensing machine or disposal receptacle for menstrual hygiene products.

(3) An eligible grant recipient is:

(a) A local education provider if it has fifty percent or more students enrolled who are eligible for free or reduced-cost lunch pursuant to the federal Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq.;

(b) The Colorado school for the deaf and the blind, created and existing pursuant to section 22-80-102 (1)(a);

(c) An approved facility school, as defined in section 22-2-402 (1); or

(d) A rural school district, a small rural district, a charter school of a rural school district or a small rural district, or an institute charter school located within the geographic boundaries of a rural school district or small rural school district.

(4) To receive a grant, an eligible grant recipient must submit an application to the department by a date specified by the department. The eligible grant recipient must include data in its application concerning the number of students enrolled at the eligible grant recipient and the number of restrooms, including gender-neutral restrooms, on the property of the eligible grant recipient.

(5) Subject to available appropriations, the department shall implement and administer the grant program, and shall award a grant to an eligible grant recipient that applies in an amount that is proportionate to the numbers of students and restrooms as provided in its application. The state board may promulgate rules as necessary to implement the grant program.

(5.3) For the 2024-25 state fiscal year, the general assembly shall appropriate to the department two hundred thousand dollars from the general fund for purposes of this section.

(5.7) The department may retain no more than ten percent of the total amount appropriated pursuant to subsection (5.3) of this section for the grant program to offset the actual administrative costs incurred in administering the grant program.

(6) (a) On or before October 1, 2022, and on or before October 1 each year thereafter, each grant recipient shall submit a report to the department. The report must include information concerning the amount of money spent on the acquisition and distribution of menstrual hygiene products and the amount of money spent on the acquisition, installation, and maintenance of a dispensing machine or disposal receptacle for menstrual hygiene products.

(b) On or before January 2, 2023, and on or before January 2 each year thereafter, the department shall submit a summarized report of the information received pursuant to subsection (6)(a) of this section to the education committees of the senate and house of representatives, or any successor committees.

(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (6) continues indefinitely.

(7) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

(8) As used in this section, unless the context otherwise requires:

(a) Grant program means the menstrual hygiene products accessibility grant program created and existing pursuant to this section.

(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 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.

(c) Menstrual hygiene products means tampons, menstrual pads, and pantiliners.

(d) 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.

(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. 2021: Entire section added, (SB 21-255), ch. 444, p. 2934, � 1, effective September 7. L. 2024: (2), (3)(b), (3)(c), and (6) amended and (3)(d), (5.3), (5.7), (8)(d), and (8)(e) added, (HB 24-1164), ch. 438, p. 3063, � 2, effective August 7.

22-2-148. Secondary school student substance use - committee - definitions - repeal. (Repealed)

Source: L. 2023: Entire section added, (HB 23-1009), ch. 115, p. 418, � 2, effective August 7.

Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2025. (See L. 2023, p. 418.)

22-2-149. Summer electronic benefits transfer for children program - duties. (1) The department is the designated partner agency for the summer electronic benefits transfer for children program created in the department of human services pursuant to section 26-2-309.

(2) To administer the summer electronic benefits transfer for children program, the department shall:

(a) Develop an outreach plan and conduct outreach to local education providers, as defined in section 22-16-103, and school food authorities, as defined in section 26-2-309;

(b) Provide technical assistance to school food authorities, specifically school food authorities located in rural areas; and

(c) Collect the minimum student-level data necessary to gather and maintain eligibility information required by the summer electronic benefits transfer for children program and share the data with the department of human services for the administration of the summer electronic benefits transfer for children program as set forth in section 26-2-309 (5).

(3) The department of human services and the department shall jointly:

(a) Develop protocols for the sharing of relevant data necessary for the administration of the summer electronic benefits transfer for children program and outreach to households with students who are eligible for the program;

(b) Streamline data collection; and

(c) Develop and provide an opt-out process for parents, legal guardians, and emancipated students, to the extent allowable pursuant to the federal requirements for the summer electronic benefits transfer for children program.

(4) (a) For state fiscal year 2023-24, the general assembly shall appropriate one hundred sixty-nine thousand eight hundred seventy dollars to the department from the general fund for purposes of this section. Any money appropriated pursuant to this subsection (4)(a) that is not expended prior to July 1, 2024, remains available for expenditure for the same purpose in the 2024-25 state fiscal year without further appropriation.

(b) For state fiscal year 2024-25, the general assembly shall appropriate three hundred ninety-three thousand eight hundred six dollars to the department from the general fund for purposes of this section. Any money appropriated pursuant to this subsection (4)(b) that is not expended prior to July 1, 2025, remains available for expenditure for the same purpose in the 2025-26 state fiscal year without further appropriation.

Source: L. 2023, 1st Ex. Sess.: Entire section added, (SB 23B-002), ch. 5, p. 23, � 2, effective November 28.

22-2-150. Department of education - implementation of oral health screening statewide - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) Oral health screening means a visual and manual inspection of the mouth that is performed to identify probable oral disease or other oral conditions or risk factors that may require management by oral health professionals.

(b) Report means the report of the department of public health and environment concerning the implementation and outcomes of the oral health screening pilot program created in section 25-21.5-104 (3) for oral health screening in kindergarten and third grade, including best practices for expanding future oral health screening activities in kindergarten and third grade.

(2) On or before December 1, 2027, the department shall develop a plan for implementation of oral health screening in kindergarten and third grade in all public schools. In developing the plan, the department shall consider:

(a) The report and any other relevant data and information provided by the department of public health and environment concerning oral health screening;

(b) Feedback from public school professionals, including administrators, school nurses, fiscal staff, and other professionals;

(c) Data and information relating to practices in states that have broad oral health screening programs; and

(d) Any other data or information relevant to the implementation and cost of a statewide oral health screening program in kindergarten and third grade.

(3) The department shall submit its plan for implementation of oral health screening in kindergarten and third grade for all public schools to the house of representatives health and human services committee, the senate health and human services committee, and the joint budget committee, or their successor committees.

(4) This section is repealed, effective July 1, 2033.

Source: L. 2024: Entire section added, (SB 24-142), ch. 481, p. 3376, � 4, effective June 7.