(1) In addition to any other duty required to be performed by law, each board of education has the following specific duties:
(a) To adopt written bylaws, not inconsistent with law, for its organization and operation;
(b) To adopt policies and prescribe rules and regulations necessary and proper for the efficient administration of the affairs of the district, including procedures for competitive bidding in the purchase of goods and services, except professional services, for the district;
(c) To cause a true and correct copy of all current bylaws, policies, and rules and regulations adopted or prescribed by the board to be made available for public inspection at the administrative office of the district during reasonable business hours;
(d) To cause to be filed with the department of education the name, address, and length of term of office of each school director; and the name, address, identification of office, and date of election or appointment of the president, vice-president, secretary, and treasurer, and of the assistant secretary and assistant treasurer if there are such offices;
(e) To cause minutes of all proceedings of the board, except those of an executive session, to be recorded in convenient form, which record shall be open for public inspection at the administrative office of the district during reasonable business hours;
(f) (I) To employ all personnel required to maintain the operations and carry out the educational program of the district and to fix and order paid their compensation. Prior to the employment of any person, the board shall make an inquiry to the department of education in accordance with the provisions of section 22-32-109.7 (1). A board of a district of innovation, as defined in section 22-32.5-103 (2), may delegate the duty specified in this paragraph (f) to an innovation school, as defined in section 22-32.5-103 (3), or to a school in an innovation school zone, as defined in section 22-32.5-103 (4).
(II) and (III) Repealed.
(g) To require any employee or other person who may receive into his custody moneys which properly belong to the district to deliver such moneys to the treasurer of the district, or to deposit such moneys in a depository designated by the board;
(h) To require each employee who is likely to have in his or her temporary custody at any one time an amount of school district moneys in excess of fifty dollars to be bonded in an amount at least sufficient to cover the amount of school district moneys which is likely to be in his or her temporary custody at any time, or to be bonded in such greater amount as the board may determine. A blanket form of surety bond may be utilized to cover more than one such employee. The district shall pay the costs for any such bonds. In lieu of the bonds required by this paragraph (h), the district may purchase crime insurance coverage to protect the district from any malfeasance on the part of such employee.
(i) To cause to be kept complete and accurate financial records of the school district by funds and accounts, maintained on the basis of generally recognized principles of governmental accounting;
(j) To cause to be kept the stubs of, or a register of, all warrants or orders drawn upon school district moneys in the various funds, showing the number of each warrant or order, the date issued, the object or purpose for which drawn, the amount and to whom payable, or, in lieu thereof, similar records as normally provided in accounting procedures through the use of automatic processing;
(k) To cause a statement of the financial condition of the district to be published and posted as required by law, to cause all accounts to be audited as required by law, and to review from time to time during each fiscal year the financial position of the district;
(l) To cause all statements of account and all canceled warrants and orders to be kept on file for six years;
(m) To cause such records as relate to the affairs or business of the district to be preserved and disposed of only in the manner provided by law;
(n) (I) To determine, prior to the end of a school year, the length of time which the schools of the district shall be in session during the next following school year, but in no event shall said schools be scheduled to have fewer than one thousand eighty hours of planned teacher-pupil instruction and teacher-pupil contact during the school year for secondary school pupils in high school, middle school, or junior high school or less than nine hundred ninety hours of such instruction and contact for elementary school pupils or fewer than four hundred fifty hours of such instruction for a half-day kindergarten program or fewer than nine hundred hours of such instruction for a full-day kindergarten program. In no case shall a school be in session for fewer than one hundred sixty days without the specific prior approval of the commissioner of education. In extraordinary circumstances, if it appears to the satisfaction of the commissioner that compliance with the provisions of this subparagraph (I) would require the scheduling of hours of instruction and contact at a time when pupil attendance will be low and the benefits to pupils of holding such hours of instruction will be minimal in relation to the cost thereof, the commissioner may waive the provisions of this subparagraph (I) upon application therefor by the board of education of the district.
(II) (A) The actual hours of teacher-pupil instruction and teacher-pupil contact specified in subparagraph (I) of this paragraph (n) may be reduced to no fewer than one thousand fifty-six hours for secondary school pupils, no fewer than nine hundred sixty-eight hours for elementary school pupils, no fewer than four hundred thirty-five hours for half-day kindergarten pupils, or no fewer than eight hundred seventy hours for full-day kindergarten pupils, for parent-teacher conferences, staff in-service programs, and closing deemed by the board to be necessary for the health, safety, or welfare of students.
(B) Prior to the beginning of the school year, each district shall provide for the adoption of a district calendar which is applicable to all schools within the district or shall provide for the adoption of a school calendar for each individual school within the district. The district calendar or individual school calendars may be adopted by the board of education, the district administration, the school administration, or any combination thereof. A copy of the calendar shall be provided to the parents or guardians of all children enrolled in schools within the district. Such calendar shall include the dates for all staff in-service programs scheduled for the school year. The board, district administration, or school administration shall allow for public input from parents and teachers prior to scheduling the dates for staff in-service programs. Any change in the calendar, excluding changes resulting from emergency closings or other unforeseen circumstances, shall be preceded by adequate and timely notice from the board, district administration, or school administration of not less than thirty days.
(o) When so directed by the state board of education, but no more often than once during any twelve-month period, to cause a census of all persons resident within the district who have not attained the age of twenty-one years, or any age group thereof, to be taken on a prescribed date, upon such forms as shall be supplied by the state board;
(p) To appoint an attendance officer as required by the School Attendance Law of 1963, article 33 of this title;
(q) To cause to be prepared, executed, and filed with the state board of education any report required by law or by regulation;
(r) To comply with the rules and regulations adopted by the state board of education pursuant to article 4 of title 24, C.R.S.;
(s) To cause to be erected and maintained a suitable flagstaff with the attachments necessary for the display of flags upon the administration building or, if none, on the principal school building or the grounds thereof and to cause suitable flags of standard bunting, not less than three by five feet in size, of the United States and the state of Colorado to be displayed upon said flagstaff at all times during the day while school is in session, except during inclement weather;
(t) To determine the educational programs to be carried on in the schools of the district and to prescribe the textbooks for any course of instruction or study in such programs;
(u) To provide free textbooks for an indigent child enrolled in a school of the district without requiring a loss or damage deposit, and to ensure that no child is denied the use of textbooks because of refusal of his parents to pay for the same;
(v) To cause an educational program to be maintained and operated within or, if the board makes a specific determination that such is necessary for the efficient operation of the district, outside the territorial limits of the district for the school-age children resident therein; but nothing in this paragraph (v) shall be construed in a manner to prohibit the maintenance of ungraded levels of instruction therein;
(w) and (x) Repealed.
(y) (I) To adopt written bylaws relating to conflicts of interest for members of a board of education of a school district.
(II) Upon filing a copy of the adopted written bylaws with the department of education and upon acknowledgment of receipt thereof by the department, a board shall be considered to be exempt from the requirements of section 18-8-308 (1) and (2), C.R.S. A board member not voting because of a disclosed conflict shall be exempt from the provisions of section 22-32-108 (6).
(III) The commissioner of education shall, in writing, notify the secretary of state of the exemption.
(z) To provide for a periodic in-service program for all district teachers which shall provide information about the Child Protection Act of 1987, part 3 of article 3 of title 19, C.R.S., instruction designed to assist teachers in recognizing child abuse or neglect, and instruction designed to provide teachers with information on how to report suspected incidents of child abuse or neglect and how to assist the child-victim and his family;
(aa) To adopt and implement preschool through elementary and secondary education standards as required in part 10 of article 7 of this title;
(bb) (I) To adopt a policy mandating a prohibition against the use of all tobacco products on school property and at school-sponsored activities by students, teachers, staff, and visitors pursuant to the provisions of section 25-14-103.5, C.R.S., and to adopt such rules as are necessary to enforce such prohibition; except that no such policy shall require the expulsion of any student solely for such tobacco use;
(II) To the extent funds are available, to operate and maintain an educational program to assist students, faculty, and staff to avoid and discontinue the use of tobacco at each school under the board's direction and control;
(cc) To adopt a dress code policy for teachers and other school employees;
(dd) To adopt and revise, as necessary, policies to remove barriers to access and success in school for homeless children;
(ee) To adopt a policy to prohibit school personnel from recommending or requiring the use of a psychotropic drug for any student. School personnel shall not test or require a test for a child's behavior without prior written permission from the parents or guardians or the child and prior written disclosure as to the disposition of the results or the testing therefrom. Through such policy, school personnel should be encouraged to discuss concerns about a child's behavior with the parent or legal guardian of such child and such discussions may include a suggestion by school personnel that the parent or legal guardian speak with an appropriate health-care professional.
(ff) To adopt a policy on or before October 1, 2005, to:
(I) Provide on or before December 31 of each school year, the names and mailing addresses of students enrolled in the eighth grade to the Colorado commission on higher education for use in mailing the notice of postsecondary educational opportunities and higher education admission guidelines as required in section 23-1-119.1, C.R.S.; and
(II) Provide to the parent of a student enrolled in the eighth grade, prior to the student's enrollment in his or her ninth-grade courses, a list of courses the school district has available that satisfy the Colorado commission on higher education's higher education admission guidelines;
(gg) To include a provision in any contract entered into by the school district with a college preparation program operating within the school district that the college preparation program shall provide to the Colorado commission on higher education, on or before December 31 of each school year, a report specifying each student, by unique identifying number, to the extent permissible by federal law, who was enrolled in the program during the previous school year; who completed the program during the previous school year; and who enrolled in an institution of higher education within six months after completing the program. The provisions of this paragraph (gg) shall apply to contracts entered into or renewed on or after August 10, 2005.
(hh) To provide the opportunity for a student enrolled in a public school of the district to develop a plan for academic remediation upon the request of the student's parent or legal guardian;
(ii) To adopt a policy within ninety days after April 28, 2006, to ensure that the right of school district employees and students to display reasonably the flag of the United States shall not be infringed with respect to the display:
(I) On an individual's person; or
(II) On an individual's personal property or property that is under the temporary control of an employee or a student, including but not limited to a desk top or a locker;
(jj) To identify any areas in which one or more of the principals of the schools of the school district require further training or development. The board of education shall contract for or otherwise assist the identified principals in participating in professional development programs to assist the identified principals in improving their skills in the identified areas.
(kk) (I) To undertake a community-based process to develop a blueprint for the education system in the community and to determine the skills students will need to be successful after graduation. Each board of education shall seek input from the community at large, which may include, but need not be limited to, students, parents, business persons, neighboring school districts, and regional boards of cooperative services. Each board of education shall use this blueprint, together with the guidelines for high school graduation requirements developed by the state board pursuant to section 22-2-106 (1)(a.5), to establish local high school graduation requirements applicable to students enrolling in ninth grade beginning in the 2014-15 school year. To assist the state board of education in fulfilling its duties under part 10 of article 7 of this title, each board of education shall provide to the state board of education information concerning the blueprint and the input received in developing the blueprint. A board of education that has undertaken a comprehensive community-based process and has revised its high school graduation requirements within the previous two years shall not be required to develop a new blueprint for the education system in its community or make any revisions to its high school graduation requirements.
(II) Each board of education shall report its blueprint for the education system in the community and its new or revised high school graduation requirements to the public through the accreditation process, as determined by the state board. In its report, the board of education shall demonstrate how its high school graduation requirements meet or exceed any minimum standards or core competencies or skills identified in the guidelines for high school graduation requirements developed by the state board pursuant to section 22-2-106 (1)(a.5).
(ll) (I) To adopt written policies specifying that:
(A) The schools in the district are subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, religion, ancestry, or need for special education services;
(B) Enrollment in a school in the district must be open to any child who resides within the state; except that a school is not required to make alterations in the structure of the facility used by the school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law; and
(C) Enrollment decisions shall be made in a nondiscriminatory manner.
(II) As used in this subsection (1)(ll):
(A) Protective hairstyle includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.
(B) Race includes hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race.
(mm) To adopt and implement policies as described in section 22-11-307 for accreditation of the public schools of the school district;
(nn) Repealed.
(oo) (I) To adopt policies to require each school of the school district, including the charter schools, to assist each student and his or her parent or legal guardian to develop and maintain the student's individual career and academic plan, referred to in this paragraph (oo) as an ICAP, no later than the beginning of ninth grade. The board of education may require the schools of the school district to assist the student and his or her parent or legal guardian to develop and maintain the student's ICAP in any grade prior to ninth grade. Each student's ICAP shall comply with the requirements specified in section 22-2-136 and the rules promulgated by the state board of education pursuant to said section.
(II) The board of education shall further require each school of the school district to assist each student who is enrolled in the school and has an ICAP to use the plan effectively to direct the student's course selections and performance expectations in at least grades nine through twelve; to assist the student in meeting his or her academic and career goals as described in the ICAP; and to enable the student to demonstrate postsecondary and workforce readiness prior to or upon graduation from high school at a level that allows the student to progress toward his or her postsecondary education goals, if any, without requiring remedial educational services or courses.
(III) At a minimum, each public school shall ensure that, in developing and maintaining each student's ICAP, the counselor or teacher explains to the student's parent or legal guardian, by electronic mail or other written form, and to the student:
(A) The requirements for and benefits of concurrently enrolling in courses with an institution of higher education pursuant to the Concurrent Enrollment Programs Act, article 35 of this title 22. Based on a request from the student or the student's parent or legal guardian, the counselor or teacher shall assist the student in course planning to enable the student to concurrently enroll in courses with an institution of higher education.
(B) The various career pathways created pursuant to section 24-46.3-104 and the types of certificates and jobs to which each pathway leads;
(B.5) The teaching career pathway created pursuant to section 23-60-110, the career opportunities to which the pathway leads, and information concerning participation in the TREP program created in section 22-35-108.5;
(C) The skills and educational opportunities available through military enlistment. In discussing military enlistment with a student and his or her parent, each public school is encouraged to provide to the student information concerning the military enlistment test.
(D) The availability and 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 the availability of help in completing the forms, if requested;
(pp) To annually distribute to each district charter school and to each district employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from the department of education pursuant to section 22-2-112 (1)(t). In addition to annual distribution, each board shall distribute the informational materials to newly hired district employees as part of its employee orientation process. The board may distribute the informational materials to district employees through an email to employees or as part of a mailing or regular communication to employees.
(2) Any board conducting a complete educational program outside the territorial limits of the district in accordance with the provisions of paragraph (v) of subsection (1) of this section shall obtain the written consent of the board of the school district in which said educational program is to be conducted prior to establishing said educational program. No board shall conduct a complete educational program outside the territorial limits of the district unless the geographic and topographical characteristics of the district make the conducting of such educational program within the territorial limits of the district unduly burdensome on the district and the students.
Source: L. 64: p. 577, � 9. C.R.S. 1963: � 123-30-9. L. 73: pp. 1254, 1274, 1314, �� 6, 1, 7. L. 74: (1)(n) amended, p. 363, � 2, effective March 19. L. 75: (1)(w) amended, p. 702, � 2, effective July 1. L. 77: (1)(w) amended, p. 1049, � 1, effective May 16; (1)(n) amended, p. 1071, � 2, effective May 24. L. 79: (1)(v) amended and (2) added, p. 782, � 1, effective June 7; (1)(x) added, p. 784, � 1, effective July 1. L. 80: (1)(n) amended, p. 553, � 7, effective April 30. L. 84: (1)(n) amended, p. 604, � 2, effective April 2; (1)(y) added, p. 594, � 1, effective July 1; (1)(z) added, p. 595, � 1, effective January 1, 1985. L. 86: (1)(n) amended, p. 801, � 2, effective July 1. L. 87: (1)(z) amended, p. 819, � 28, effective October 1. L. 88: (1)(n) R&RE, p. 811, � 9, effective May 24. L. 90: (1)(f) and IP(1)(x)(I) amended, p. 1029, � 18, effective July 1. L. 93: (1)(aa) added, p. 1048, � 5, effective June 3; (1)(n)(II) amended, p. 1336, � 1, effective June 6; (1)(w) amended, p. 451, � 2, effective July 1. L. 94: (1)(bb) added, p. 676, � 3, effective April 19. L. 97: (1)(aa) amended, p. 461, � 7, effective August 6. L. 2000: (1)(n)(II)(A) amended, p. 375, � 32, effective April 10; (1)(cc) added and (1)(w) and (1)(x) repealed, p. 1963, �� 2, 3, effective June 2; (1)(f) amended, p. 1594, � 1, effective July 1. L. 2001: (1)(n)(I) and (1)(n)(II)(A) amended, p. 561, � 3, effective May 29; (1)(f)(II)(A) amended, p. 1271, � 25, effective June 5. L. 2002: (1)(f)(III) added, p. 189, � 1, effective April 3; (1)(dd) added, p. 206, � 6, effective July 1. L. 2003: (1)(f)(II) amended, p. 2178, � 1, effective June 3; (1)(ee) added, p. 2526, � 1, effective June 5. L. 2005: (1)(hh) added p. 520, � 2, effective May 24; (1)(ff) and (1)(gg) added, p. 444, � 1, effective August 8. L. 2006: (1)(ii) added, p. 701, � 51, effective April 28; (1)(jj) added, p. 1240, � 4, effective May 26. L. 2007: (1)(kk) added, p. 678, � 4, effective May 2. L. 2008: (1)(kk)(I) amended, p. 768, � 3, effective May 14; (1)(f)(I) amended, p. 1431, � 2, effective May 28; (1)(ll) added, p. 1601, � 23, effective May 29. L. 2009: (1)(mm) added, (SB 09-163), ch. 293, p. 1541, � 40, effective May 21; (1)(nn) added, (SB 09-256), ch. 294, p. 1557, � 16, effective May 21. L. 2010: (1)(kk)(I) amended, (HB 10-1013), ch. 399, p. 1912, � 34, effective June 10. L. 2012: (1)(nn) amended and (1)(oo) added, (HB 12-1345), ch. 188, p. 725, � 12, effective May 19; (1)(kk)(I) amended, (HB 12-1240), ch. 258, p. 1308, � 2, effective June 4; (1)(nn) amended, (HB 12-1043), ch. 209, p. 898, � 1, effective August 8. L. 2014: (1)(nn) and (1)(oo) amended, (HB 14-1363), ch. 302, p. 1265, � 15, effective May 31. L. 2015: (1)(aa) amended, (HB 15-1323), ch. 204, p. 724, � 33, effective May 20. L. 2016: (1)(h) amended, (HB 16-1013), ch. 28, p. 65, � 2, effective March 18. L. 2017: (1)(oo)(III) amended, (HB 17-1041), ch. 51, p. 161, � 2, effective August 9. L. 2019: (1)(pp) added, (SB 19-057), ch. 35, p. 114, � 5, effective August 2. L. 2020: IP(1) and (1)(ll) amended, (HB 20-1048), ch. 8, p. 17, � 6, effective September 14; (1)(nn) repealed, (HB 20-1396), ch. 138, p. 599, � 3, effective September 14. L. 2021: (1)(ll)(I)(A) amended, (HB 21-1108), ch. 156, p. 892, � 24, effective September 7; (1)(oo)(III)(B) amended and (1)(oo)(III)(B.5) added, (SB 21-185), ch. 246, p. 1335, � 10, effective September 7. L. 2022: (1)(oo)(III)(B.5) and (1)(oo)(III)(C) amended and (1)(oo)(III)(D) added, (HB 22-1366), ch. 244, p. 1815, � 6, effective May 26. L. 2024: (1)(ll)(II)(B) amended, (HB 24-1451), ch. 354, p. 2412, � 4, effective June 3.
Editor's note: (1) Subsection (1)(f)(II)(B) provided for the repeal of subsection (1)(f)(II), effective July 1, 2005. (See L. 2003, p. 2178.)
(2) Subsection (1)(f)(III)(B) provided for the repeal of subsection (1)(f)(III), effective July 1, 2005. (See L. 2002, p. 189.)
(3) Amendments to subsection (1)(nn) by House Bill 12-1043 and House Bill 12-1345 were harmonized.
Cross references: (1) For additional duties of local boards of education concerning the release of personal information of a student to military recruiting officers, see � 24-72-204.
(2) For the legislative declaration contained in the 2001 act amending subsections (1)(n)(I) and (1)(n)(II)(A), see section 1 of chapter 174, Session Laws of Colorado 2001. For the legislative declaration contained in the 2006 act enacting subsection (1)(jj), see section 7 of chapter 270, Session Laws of Colorado 2006. For the legislative declaration contained in the 2007 act enacting subsection (1)(kk), see section 1 of chapter 182, Session Laws of Colorado 2007. For the legislative declaration contained in the 2008 act enacting subsection (1)(ll), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in the 2012 act amending subsection (1)(nn) and adding subsection (1)(oo), see section 11 of chapter 188, Session Laws of Colorado 2012. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021. For the legislative declaration in HB 22-1366, see section 1 of chapter 244, Session Laws of Colorado 2022.
(3) For the short title (Creating a Respectful and Open World for Natural Hair Act of 2020 or the CROWN Act of 2020) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020.
22-32-109.1. Board of education - specific powers and duties - safe school plan - conduct and discipline code - safe school reporting requirements - school response framework - school resource officers - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Action taken means a specific type of discipline, including but not limited to the following categories of discipline:
(I) In-school suspension;
(II) Out-of-school suspension;
(III) Classroom removal in accordance with board policy;
(IV) Expulsion;
(V) Referral to law enforcement; or
(VI) Any other form of discipline, which shall be officially identified as part of a board policy.
(b) Bullying means any written or oral expression, or physical or electronic act or gesture, or a pattern thereof, that is intended to coerce, intimidate, or cause any physical, mental, or emotional harm to any student. Bullying is prohibited against any student for any reason, including, but not limited to, any bullying behavior that is directed toward a student on the basis of the student's academic performance; any bullying behavior that is directed toward a student against whom federal and state laws prohibit discrimination upon any of the bases described in section 22-32-109 (1)(ll)(I)(A); or a pattern of bullying behavior that is directed toward a student on the basis of the student's weight, height, or body size. This definition is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the expression of any religious, political, or philosophical views.
(b.5) Community partners means, collectively, local fire departments, state and local law enforcement, local 911 agencies, interoperable communications providers, the safe2tell program described in section 24-31-606, C.R.S., local emergency medical service personnel, local mental health organizations, local public health agencies, local emergency management personnel, local or regional homeland security personnel, and school resource officers.
(b.7) Corporal punishment has the same meaning as set forth in section 22-1-140.
(c) Dangerous weapon has the same meaning as set forth in section 22-33-102 (4).
(d) Full-time teacher means a person who is licensed pursuant to article 60.5 of this title, or is authorized pursuant to section 22-60.5-111 to teach, and is primarily engaged in teaching during a majority of the instructional minutes per school day.
(e) Habitually disruptive student has the same meaning as set forth in section 22-33-106 (1)(c.5).
(e.5) Law enforcement includes any law enforcement agency, law enforcement officer, or school resource officer.
(f) (I) Referral to law enforcement means a communication between a school administrator, teacher, or other school employee and law enforcement that:
(A) Is initiated by the school administrator, teacher, or other school employee; and
(B) Concerns behavior by a student that the school administrator, teacher, or other school employee believes may constitute a violation of the school conduct and discipline code or a criminal or delinquent offense and for which the school administrator, teacher, or other school employee requests an investigation or other involvement by law enforcement.
(II) Referral to law enforcement does not include:
(A) Contact with law enforcement that is made for the purpose of education, prevention, or intervention regarding a student's behavior;
(B) Routine or incidental communication between a school administrator, teacher, or other school employee and law enforcement; or
(C) Any incident or communication that is initiated by law enforcement.
(g) Restorative justice has the same meaning as set forth in section 22-32-144 (3).
(g.3) School means a public school of a school district, a charter school, or an institute charter school.
(g.5) School resource officer means a peace officer, as described in section 16-2.5-101, C.R.S., who has specialized training, as described in section 24-31-312, C.R.S., to work with school staff and students and who is assigned to a public school or charter school for the purpose of creating a safe learning environment and responding to all-hazard threats that may impact the school.
(h) School vehicle shall have the same meaning as set forth in section 42-1-102 (88.5), C.R.S.
(1.5) Mission statement. Each school district board of education shall adopt a mission statement for the school district, which statement shall include making safety for all students and staff a priority in each public school of the school district.
(2) Safe school plan. To provide a learning environment that is safe, conducive to the learning process, and free from unnecessary disruption, each school district board of education or institute charter school board for a charter school authorized by the charter school institute shall, following consultation with the school district accountability committee and school accountability committees, parents, teachers, administrators, students, student councils where available, and, where appropriate, the community at large, adopt and implement a safe school plan, or review and revise, as necessary in response to any relevant data collected by the school district, any existing plans or policies already in effect. In addition to the aforementioned parties, each school district board of education, in adopting and implementing its safe school plan, may consult with victims' advocacy organizations, school psychologists, local law enforcement, and community partners. The plan, at a minimum, must include the following:
(a) Conduct and discipline code. (I) A concisely written conduct and discipline code that must be enforced uniformly, fairly, and consistently for all students. Copies of the code must be provided to each student upon enrollment at the preschool, elementary, middle, and high school levels and be posted or kept on file at each public school in the school district. The school district shall take reasonable measures to ensure that each student of each public school in the school district is familiar with the code. The code must include, but need not be limited to:
(A) General policies on student conduct, safety, and welfare;
(B) General policies and procedures for dealing with students who cause a disruption on school grounds, in a school vehicle, or at a school activity or sanctioned event, including a specific policy allowing a teacher to remove a disruptive student from his or her classroom. The policy shall state that, upon the third such removal from a teacher's class, the teacher may remove the disruptive student from the teacher's class for the remainder of the term of the class; except that a disruptive student shall not be removed from a teacher's class for the remainder of the term of the class unless the principal of the student's school or his or her designee has developed and implemented a behavior plan for the student. A behavior plan may be developed after the first such removal from class and shall be developed after the second removal from class. The general policies and procedures shall include a due process procedure, which at a minimum shall require that, as soon as possible after a removal, the teacher or the school principal shall contact the parent or legal guardian of the student to request his or her attendance at a student-teacher conference regarding the removal. Any policy or procedure adopted shall comply with applicable federal and state laws, including but not limited to laws regarding students with disabilities.
(C) Provisions for the initiation of suspension or expulsion proceedings for students who qualify as habitually disruptive students;
(D) Policies and procedures for the use of acts of reasonable and appropriate physical intervention or force in dealing with disruptive students; except that a board shall not adopt a discipline code that includes provisions that are in conflict with the description of child abuse in section 18-6-401 (1) or 19-1-103 (1). Each conduct and discipline code must state that, in accordance with section 22-1-140, a person employed by or volunteering in a public school shall not impose corporal punishment on a child.
(E) General policies and procedures for determining the circumstances under and the manner in which disciplinary actions, including suspension and expulsion, shall be imposed in accordance with the provisions of sections 22-33-105, 22-33-106, and 22-33-106.1;
(F) A specific policy concerning gang-related activities on school grounds, in school vehicles, and at school activities or sanctioned events;
(G) Written prohibition, consistent with section 22-33-106, of students from bringing or possessing dangerous weapons, drugs, or other controlled substances on school grounds, in a school vehicle, or at a school activity or sanctioned event and from using drugs or other controlled substances on school grounds, in a school vehicle, or at a school activity or sanctioned event;
(H) Written prohibition of students from using or possessing tobacco products on school grounds, in a school vehicle, or at a school activity or sanctioned event;
(I) A written policy concerning searches on school grounds, including searches of student lockers;
(J) A dress code policy that prohibits students from wearing apparel that is deemed disruptive to the classroom environment or to the maintenance of a safe and orderly school. The dress code policy may require students to wear a school uniform or may establish minimum standards of dress. The dress code policy must allow each student to choose from any of the options provided in the dress code policy.
(K) On and after August 8, 2001, a specific policy concerning bullying prevention and education. Each school district shall ensure that the school district's policy, at a minimum, incorporates the approaches, policies, and practices outlined in the model bullying prevention and education policy developed pursuant to section 22-2-144.
(L) Information concerning the school district's policies for the use of restraint and seclusion on students, including a reference to the Protection of Students from Restraint and Seclusion Act, article 15.5 of this title 22, and information concerning the process for filing a complaint regarding the use of restraint or seclusion, as such process is set forth by rule of the state board pursuant to section 22-15.5-107.
(II) In creating and enforcing a school conduct and discipline code pursuant to subsection (2)(a)(I) of this section, each school district board of education, on and after August 1, 2013, shall:
(A) Impose proportionate disciplinary interventions and consequences, including but not limited to in-school suspensions, in response to student misconduct, which interventions and consequences are designed to reduce the number of expulsions, out-of-school suspensions, and referrals to law enforcement, except for such referrals to law enforcement as are required by state or federal law;
(B) Include plans for the appropriate use of prevention, intervention, restorative justice, peer mediation, counseling, or other approaches to address student misconduct, which approaches are designed to minimize student exposure to the criminal and juvenile justice system. The plans shall state that a school administration shall not order a victim's participation in a restorative justice practice or peer mediation if the alleged victim of an offending student's misconduct alleges that the misconduct constitutes unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1), C.R.S.; stalking as defined in section 18-3-602, C.R.S.; or violation of a protection order, as defined in section 18-6-803.5, C.R.S.;
(C) Ensure that the implementation of the code complies with all state and federal laws concerning the education of students with disabilities, as defined in section 22-20-103 (5);
(D) Ensure that, in implementing the code, each school of the school district shows due consideration of the impact of certain violations of the code upon victims of such violations, in accordance with the provisions of Title IX of the United States Code and other state and federal laws; and
(E) Ensure that, in implementing the code, each school of the school district complies with the requirements of section 22-33-106.1.
(b) Safe school reporting requirements. A policy whereby the principal of each public school in a school district is required to submit annually, in a manner and by a date specified by rule of the state board, and in accordance with standardized methods and any revised reporting categories identified and adopted through the stakeholder process set forth in section 22-1-138, a written report to the board of education of the school district concerning the learning environment in the school during that school year. The board of education of the school district shall annually compile the reports from every school in the district and submit the compiled report to the department of education in a format specified by rule of the state board. The compiled report must be easily accessible by the general public through a link on the department of education's website home page. The report must include, but need not be limited to, the following specific information for the preceding school year, including any disciplinary incident specified in subsection (2)(b)(IV)(E) or (2)(b)(IV)(K) of this section that requires additional reporting on the incident:
(I) The total enrollment for the school;
(II) The average daily attendance rate at the school;
(III) Dropout rates for grades seven through twelve, if such grades are taught at the school;
(IV) The number of conduct and discipline code violations. Each violation must be reported only in the most serious category that is applicable to that violation, including but not limited to specific information identifying the number of, and the action taken with respect to, each of the following types of violations:
(A) Possessing a dangerous weapon on school grounds, in a school vehicle, or at a school activity or sanctioned event without the authorization of the school or the school district;
(B) Use or possession of alcohol on school grounds, in a school vehicle, or at a school activity or sanctioned event;
(C) Use, possession, or sale of a drug or controlled substance, other than marijuana, on school grounds, in a school vehicle, or at a school activity or sanctioned event;
(C.5) The unlawful use, possession, or sale of marijuana on school grounds, in a school vehicle, or at a school activity or sanctioned event;
(D) Use or possession of a tobacco product on school grounds, in a school vehicle, or at a school activity or sanctioned event;
(E) Being willfully disobedient or openly and persistently defiant or repeatedly interfering with the school's ability to provide educational opportunities to, and a safe environment for, other students. In addition to providing information on such disciplinary incidents in the compiled report required by this subsection (2)(b), the report filing must include any additional information deemed necessary by the department of education pursuant to the process required pursuant to section 22-1-138. Information included in reporting for incidents currently categorized as disobedience or defiance may include, but is not limited to, school and district code; location of incidents; description of the behaviors that constituted the violations; interventions or de-escalation strategies attempted leading up to the incident; and descriptive information of the student or students involved in the incidents, including, but not limited to, gender, grade level, ethnicity, race, and whether the student has federal section 504 accommodations or an individualized education plan. Information on the report must be submitted in accordance with the department of education's data privacy and reporting requirements.
(F) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned event that, if committed by an adult, would be considered first degree assault, as described in section 18-3-202, C.R.S., second degree assault, as described in section 18-3-203, C.R.S., or vehicular assault, as described in section 18-3-205, C.R.S.;
(G) Behavior on school grounds, in a school vehicle, or at a school activity or sanctioned event that is detrimental to the welfare or safety of other students or of school personnel, including but not limited to behavior that creates a threat of physical or emotional harm to the student or to other students;
(G.5) Bullying;
(H) Willful destruction or defacement of school property;
(I) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned event that, if committed by an adult, would be considered third degree assault, as described in section 18-3-204, C.R.S., or disorderly conduct, as described in section 18-9-106 (1)(d), C.R.S., but not disorderly conduct involving firearms or other deadly weapons, as described in section 18-9-106 (1)(e) and (1)(f), C.R.S.;
(J) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned event that, if committed by an adult, would be considered robbery; and
(K) Other violations of the code of conduct and discipline that resulted in documentation of the conduct in a student's record. In addition to providing information on such disciplinary incidents in the compiled report required by this subsection (2)(b), the report filing must include any additional information deemed necessary by the department of education pursuant to the process required pursuant to section 22-1-138. Information included in reporting for incidents currently categorized as disobedience or defiance may include, but is not limited to, school and district code; location of the incidents; description of the behaviors that constituted the violations; interventions or de-escalation strategies attempted leading up to the incidents; and descriptive information of the student or students involved in the incidents, including, but not limited to, gender, grade level, ethnicity, race, and whether the student has federal section 504 accommodations or an individualized education plan. Information on the report must be submitted in accordance with the department of education's data privacy and reporting requirements.
(V) and (VI) (Deleted by amendment, L. 2012.)
(VII) The average class size for each public elementary school, middle school or junior high school, and senior high school in the state calculated as the total number of students enrolled in the school divided by the number of full-time teachers in the school;
(VIII) The school's policy concerning bullying prevention and education, including information related to the development and implementation of any bullying prevention programs; and
(IX) The number of acts of sexual violence on school grounds, in a school vehicle, or at a school activity or sanctioned event. Any information provided as a part of this subparagraph (IX) for the safe school reporting requirements must be reported as aggregate data and must not include any personally identifying information. For the purposes of this subparagraph (IX), sexual violence means a physical sexual act perpetrated against a person's will or where a person is incapable of giving consent.
(b.5) In addition to the items specified in subsection (2)(b) of this section, each school district board of education or institute charter school board for a charter school authorized by the charter school institute shall annually review and submit data to the department of education concerning the number and types of disciplinary incidents and the disciplinary actions taken in response to such incidents. The department of education shall collect the data described in subsection (2)(b)(IV) of this section at the individual student level and report disaggregated student data on the type of disciplinary incidents and action taken. Such student data must be disaggregated by gender, grade level, race, ethnicity, disability, whether the student has federal section 504 accommodations or an individualized education plan, English language learner status, free and reduced-price lunch status, and homeless status, to the maximum extent possible in compliance with the Colorado Privacy Act, established pursuant to part 13 of article 1 of title 6, the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, and the Student Data Transparency and Security Act, created in article 16 of this title 22. The department of education shall not publicly report individual student data for any purpose, shall include the application of data suppression policies to avoid the re-identification of any individual in any public reports, and shall ensure compliance with standards for reporting data for a student with a federal section 504 accommodation or an individualized education plan.
(c) Internet safety plan. (I) Each school district is encouraged to provide a comprehensive, age-appropriate curriculum that teaches safety in working and interacting on the internet in grades kindergarten through twelve. At a minimum, the curriculum may address the following topics:
(A) Interaction with persons in the cybercommunity;
(B) Personal safety in interacting with persons on the internet;
(C) Recognition and avoidance of online bullying;
(D) Technology, computer virus issues, and ways to avoid computer virus infection;
(E) Predator identification;
(F) Intellectual property, including education concerning plagiarism and techniques to avoid committing plagiarism and laws concerning downloading of copyrighted materials including music;
(G) Privacy and the internet;
(H) Online literacy, including instruction in how to identify credible, factual, trustworthy websites; and
(I) Homeland security issues related to internet use.
(II) Each school district is encouraged to structure the internet safety plan so as to incorporate the internet safety topics into the teaching of the regular classroom curricula, rather than isolating the topics as a separate class. Each school district is encouraged to use available internet safety curricula resources, including but not limited to materials available through nonprofit internet safety foundations that are endorsed by the federal government. Each school district is also encouraged to work with local law enforcement for the jurisdiction in which the school district is located in developing the internet safety curricula, especially with regard to topics that address personal safety on the internet, internet predator identification, privacy issues, and homeland security issues. Each school district is also encouraged to collaborate with parents and teachers in developing the internet safety curricula, including collaborating with district and statewide organizations that represent parents and teachers.
(III) Each school district is encouraged to begin implementing the internet safety plan with the 2005-06 school year and to annually review and, as necessary, revise the plan. Each school district is encouraged to identify a person who is responsible for overseeing implementation of the internet safety plan within each public school of the school district to ensure that each public school complies with the requirements of the plan.
(IV) If a school district chooses to adopt an internet safety plan and to identify a person who is responsible for overseeing implementation of the plan, the person is encouraged to annually submit an internet safety plan implementation report to the school district board of education specifying the level of implementation achieved by each public school of the school district and providing an overview of the internet safety curricula adopted and implemented in each public school of the school district. The school district board of education of each school district that chooses to adopt an internet safety plan is encouraged to submit to the department of education an annual report summarizing the internet safety plan implementation report and is encouraged to make the annual summary report available on the school district website.
(2.5) (a) Safe school plan - child sexual abuse and assault prevention plan. Each school district is encouraged, as part of its safe school plan, to adopt a child sexual abuse and assault prevention plan. Each school district is encouraged to include in the plan delivery of a comprehensive, age-appropriate curricula for kindergarten through twelfth grade regarding child sexual abuse and assault awareness and prevention. The curricula may address, but need not be limited to:
(I) The skills to recognize:
(A) Child sexual abuse and assault;
(B) Boundary violations and unwanted forms of touching and contact; and
(C) Behaviors that an offender uses to groom or desensitize a victim; and
(II) Strategies to:
(A) Promote disclosure;
(B) Reduce self-blame; and
(C) Mobilize bystanders.
(b) Each school district is encouraged to include in the child sexual abuse and assault prevention plan professional development for school personnel and parents in preventing, identifying, and responding to child sexual abuse and assault. Professional development may include providing training in preventing, identifying, and responding to child sexual abuse and assault, including using the child abuse reporting hotline system created pursuant to section 26-5-111, C.R.S., and distributing resources to raise the awareness of school personnel and parents regarding child sexual abuse and assault and preventing child sexual abuse and assault.
(c) A school district is encouraged to use curricula and professional development materials, training, and other resources available from the school safety resource center pursuant to section 24-33.5-1809, C.R.S.
(d) As used in this subsection (2.5), school personnel includes teachers, administrators, school resource officers, and other employees of a school district or a public school.
(3) Agreements with state agencies. Each board of education shall cooperate and, to the extent possible, develop written agreements with law enforcement, the juvenile justice system, and social services, as allowed under state and federal law, to keep each school environment safe. Each board of education shall adopt a policy whereby procedures will be used following instances of assault upon, disorderly conduct toward, harassment of, the making knowingly of a false allegation of child abuse against, or any alleged offense under the Colorado Criminal Code directed toward a school teacher or school employee or instances of damage occurring on the premises to the personal property of a school teacher or school employee by a student. Such procedures shall include, at a minimum, the following provisions:
(a) Such school teacher or school employee shall file a complaint with the school administration and the board of education.
(b) The school administration shall, after receipt of such report and proof deemed adequate to the school administration, suspend the student for three days, such suspension to be in accordance with the procedures established therefor, and shall initiate procedures for the further suspension or expulsion of the student where injury or property damage has occurred.
(c) The school administration shall report the incident to the district attorney or appropriate local law enforcement, which shall, upon receiving such report, investigate the incident to determine the appropriateness of filing criminal charges or initiating delinquency proceedings.
(4) School response framework - school safety, readiness, and incident management plan. Each board of education shall establish a school response framework that shall consist of policies described in this subsection (4). By satisfying the requirements of this subsection (4), a school or school district shall be in compliance with the national incident management system, referred to in this subsection (4) as NIMS, developed by the federal emergency management agency. At a minimum, the policies shall require:
(a) (I) Each school district, on or before July 1, 2009, to establish a date by which each school of the school district shall be in compliance with the requirements of this subsection (4); except that the date may be changed by the school board for cause.
(II) Each school district shall make the dates established pursuant to subparagraph (I) of this paragraph (a) available to the public upon request.
(b) Each school district to adopt the national response framework released by the federal department of homeland security and NIMS formally through orders or resolutions;
(c) Each school district to institutionalize the incident command system as taught by the emergency management institute of the federal emergency management agency;
(d) Each school district, on or before July 1, 2009, to start to develop a school safety, readiness, and incident management plan, including, to the extent possible, emergency communications, that coordinates with any statewide or local emergency operation plans. In developing the plan, a school district may collaborate with community partners. The school safety, readiness, and incident management plan shall, at a minimum, identify for each public school in the school district:
(I) Safety teams and backups who are responsible for interacting with community partners and assuming key incident command positions; and
(II) Potential locations for various types of operational locations and support functions or facilities;
(e) To the extent possible, each school district to enter into memoranda of understanding with the community partners specifying responsibilities for responding to incidents;
(f) To the extent possible, each public school to create an all-hazard exercise program based on NIMS and to conduct tabletop exercises and other exercises in collaboration with community partners from multiple disciplines and, if possible, multiple jurisdictions to practice and assess preparedness and communications interoperability with community partners;
(g) To the extent possible, each public school, in collaboration with its school district, to hold coordinated exercises among school employees and community partners, including at a minimum:
(I) Orientation meetings to inform all parties about emergency operation plans and procedures;
(II) All-hazard drills, in addition to fire drills, to improve individual and student emergency procedures and to test communications interoperability; and
(III) Tabletop exercises to discuss and identify roles and responsibilities in different scenarios;
(h) Each public school to conduct a written evaluation following the exercises and certain incidents as identified by the school or school district and identify and address lessons learned and corrective actions in updating response plans and procedures;
(i) Each public school, at least every academic term, to inventory emergency equipment and test communications equipment and its interoperability with affected state and local agencies;
(j) Each school district to adopt written procedures for taking action and communicating with local law enforcement agencies, community emergency services, parents, students, and the media in the event of certain incidents as identified by the school or school district;
(k) Key emergency school personnel, including but not limited to safety teams and backups, to complete courses provided by the federal emergency management agency's emergency management institute or by institutions of higher education in the state system of community and technical colleges;
(l) School district employee safety and incident management training, including provisions stating that completion of any courses identified by the department of public safety pursuant to section 24-33.5-1606.5 (3), C.R.S., as related to NIMS count toward the professional development requirements of a person licensed pursuant to article 60.5 of this title;
(m) Each school district to work with community partners to update and revise all standard operating procedures, ensuring that all aspects of NIMS are incorporated, including but not limited to policies and principles, planning, procedures, training, response, exercises, equipment, evaluation, and corrective actions;
(n) Each school district to coordinate with community partners to assess overall alignment and compliance with NIMS; identify requirements already met; establish a baseline for NIMS compliance; and determine action steps, including developing a plan and timeline, to achieve and maintain all NIMS goals;
(o) Each school district to develop a timeline and strategy for compliance with the requirements of this subsection (4) and to strategically plan, schedule, and conduct all activities with community partners; and
(p) School resource officers to be familiar with the school response framework outlined in this subsection (4), the all-hazard exercise program, and the interoperable communications of the school to which he or she is assigned.
(5) Safety and security policy. Each board of education shall adopt a policy requiring annual school building inspections to address the removal of hazards and vandalism and any other barriers to safety and supervision.
(6) Sharing information. Notwithstanding any provision to the contrary in title 24, each board of education shall establish policies consistent with section 24-72-204 (3) and with applicable provisions of the federal Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted thereto, to share and release information directly related to a student and maintained by a public school or by a person acting for the public school in the interest of making schools safer. Sharing of information concerning an out-of-home placement student who is being transferred to a public school must comply with the rules established by the state board pursuant to section 22-2-139 (9).
(7) Open school policy. Each board of education shall adopt an open school policy to allow parents and members of the school district board of education reasonable access to observe classes, activities, and functions at a public school upon reasonable notice to the school administrator's office.
(8) Employee screenings. Each board of education shall adopt a policy of making inquiries upon good cause to the department of education for the purposes of screening licensed employees and nonlicensed employees hired on or after January 1, 1991. Licensed employees employed by school districts on or after January 1, 1991, shall be screened upon good cause to check for any new instances of criminal activity listed in section 22-32-109.9 (1)(a). Nonlicensed employees employed by a school district on or after January 1, 1991, shall be screened upon good cause to check for any new instances of criminal activity listed in section 22-32-109.8 (2)(a).
(9) Immunity. (a) A school district board of education or a teacher or any other person acting in good faith in accordance with the provisions of subsection (2) of this section in carrying out the powers or duties authorized by said subsection shall be immune from criminal prosecution or civil liability for such actions; except that a teacher or any other person acting willfully or wantonly in violation of said subsection shall not be immune from criminal prosecution or civil liability pursuant to said subsection. A teacher or any other person claiming immunity from criminal prosecution under this paragraph (a) may file a motion that shall be heard prior to trial. At the hearing, the teacher or other person claiming immunity shall bear the burden of establishing the right to immunity by a preponderance of the evidence.
(b) A teacher or any other person acting in good faith and in compliance with the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section shall be immune from civil liability; except that a person acting willfully and wantonly shall not be immune from liability pursuant to this paragraph (b). The court shall dismiss any civil action resulting from actions taken by a teacher or any other person pursuant to the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section upon a finding by the court that the person acted in good faith and in compliance with such conduct and discipline code and was therefore immune from civil liability pursuant to paragraph (a) of this subsection (9). The court shall award court costs and reasonable attorney fees to the prevailing party in such a civil action.
(c) If a teacher or any other person does not claim or is not granted immunity from criminal prosecution pursuant to paragraph (a) of this subsection (9) and a criminal action is brought against a teacher or any other person for actions taken pursuant to the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section, it shall be an affirmative defense in the criminal action that the teacher or such other person was acting in good faith and in compliance with the conduct and discipline code and was not acting in a willful or wanton manner in violation of the conduct and discipline code.
(d) An act of a teacher or any other person shall not be considered child abuse pursuant to sections 18-6-401 (1) and 19-1-103 (1), C.R.S., if:
(I) The act was performed in good faith and in compliance with the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section; or
(II) The act was an appropriate expression of affection or emotional support, as determined by the board of education.
(e) A teacher or any other person who acts in good faith and in compliance with the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section shall not have his or her contract nonrenewed or be subject to any disciplinary proceedings, including dismissal, as a result of such lawful actions, nor shall the actions of the teacher or other person be reflected in any written evaluation or other personnel record concerning such teacher or other person. A teacher or any other person aggrieved by an alleged violation of this paragraph (e) may file a civil action in the appropriate district court within two years after the alleged violation.
(10) Compliance with safe school reporting requirements. If the state board determines that a school district or one or more of the public schools in a school district is in willful noncompliance with the provisions of paragraph (b) of subsection (2) of this section, the state's share of the school district's total program, as determined pursuant to article 54 of this title, may be subject to forfeiture until the school district and each school in the district attains compliance with the provisions of paragraph (b) of subsection (2) of this section.
(11) Repealed.
Source: L. 2000: Entire section added, p. 1957, � 1, effective June 2. L. 2001: (2)(b)(VII) amended, p. 1272, � 26, effective June 5; IP(2), (2)(a)(VIII), and (2)(a)(IX) amended and (2)(a)(X) and (2)(b)(VIII) added, pp. 494, 495, �� 2, 3, effective August 8. L. 2002: IP(2) and IP(9)(d) amended, p. 1020, � 30, effective June 1. L. 2004: (2)(b)(VII) amended, p. 1285, � 18, effective May 28. L. 2005: (2)(c) added, p. 261, � 2, effective April 14. L. 2006: (2)(b)(IV) amended, p. 405, � 2, effective April 6. L. 2007: (9)(a), (9)(c), and (9)(e) amended, p. 686, � 1, effective May 3. L. 2008: (4) amended, p. 802, � 3, effective May 14. L. 2009: IP(2) amended, (SB 09-163), ch. 293, p. 1541, � 41, effective May 21; (2)(a)(III) amended, (HB 09-1243), ch. 290, p. 1423, � 2, effective May 21. L. 2010: (2)(a)(II) and (2)(a)(X) amended, (HB 10-1232), ch. 163, p. 569, � 4, effective April 28; (6) amended, (HB 10-1274), ch. 271, p. 1250, � 5, effective May 25. L. 2011: (2)(a)(IX), (2)(a)(X), and (2)(b)(IV)(G) amended, (HB 11-1254), ch. 173, p. 652, � 2, effective May 13; IP(4), IP(4)(d), (4)(f), (4)(g)(II), and (4)(i) amended, (SB 11-173), ch. 310, p. 1514, � 2, effective June 10; (6) amended, (HB 11-1303), ch. 264, p. 1161, � 46, effective August 10. L. 2012: IP(4)(d) amended, (SB 12-079), ch. 58, p. 213, � 6, effective March 24; (1), IP(2), (2)(a), and (2)(b) amended and (1.5) added, (HB 12-1345), ch. 188, p. 732, � 22, effective May 19; (4)(l) amended, (HB 12-1283), ch. 240, p. 1132, � 40, effective July 1. L. 2013: (1)(b.5), (1)(g.5), and (4)(p) added and IP(2), IP(4)(d), (4)(n), and (4)(o) amended, (SB 13-138), ch. 253, p. 1341, � 3, effective May 23. L. 2014: (1)(b.5) amended, (SB 14-002), ch. 241, p. 893, � 4, effective August 6. L. 2015: (1)(a)(V), (1)(b.5), (1)(f), IP(2), IP(2)(b), IP(2)(b)(IV), (2)(b)(IV)(C), (2)(b)(VII), (2)(b)(VIII), (2)(c)(II), IP(3), and (3)(c) amended and (1)(e.5), (2)(b)(IV)(C.5), (2)(b)(IX), and (11) added, (HB 15-1273), ch. 323, p. 1317, � 2, effective June 5; (2.5) added, (SB 15-020), ch. 277, p. 1133, � 3, effective June 5. L. 2017: (6) amended, (SB 17-294), ch. 264, p. 1395, � 47, effective May 25; (2)(a)(I)(L) added, (HB 17-1276), ch. 270, p. 1491, � 6, effective August 9. L. 2019: IP(11)(a) amended, (SB 19-241), ch. 390, p. 3467, � 19, effective August 2; IP(2)(a)(I), (2)(a)(I)(E), IP(2)(a)(II), (2)(a)(II)(C), and (2)(a)(II)(D) amended and (2)(a)(II)(E) added, (HB 19-1194), ch. 160, p. 1889, � 9, effective July 1, 2020. L. 2020: (1)(b) amended, (HB 20-1048), ch. 8, p. 20, � 12, effective September 14. L. 2021: (2)(a)(I)(K) and (2)(b)(IV)(G) amended and (2)(b)(IV)(G.5) added, (HB 21-1221), ch. 209, p. 1086, � 3, effective June 7. L. 2022: (1)(g.3) and (2)(b.5) added and IP(2), IP(2)(b), (2)(b)(IV)(E), and (2)(b)(IV)(K) amended, (HB 22-1376), ch. 243, p. 1801, � 5, effective May 26. L. 2023: (1)(b.7) added and IP(2)(a)(I) and (2)(a)(I)(D) amended, (HB 23-1191), ch. 93, p. 350, � 3, effective April 20. L. 2024: (1)(b) amended, (HB 24-1285), ch. 397, p. 2727, � 2, effective August 7. L. 2025: IP(2)(a)(I) and (2)(a)(I)(J) amended, (HB 25-1312), ch. 205, p. 929, � 7, effective May 16; IP(2)(a)(I) and (2)(a)(I)(L) amended, (HB 25-1248), ch. 251, p. 1259, � 3, effective May 24.
Editor's note: Subsection (11)(b) provided for the repeal of subsection (11), effective July 1, 2020. (See L. 2015, p. 1317.)
Cross references: (1) For the legislative declaration contained in the 2001 act amending the introductory portion to subsection (2) and subsections (2)(a)(VIII) and (2)(a)(IX) and adding subsections (2)(a)(X) and (2)(b)(VIII), see section 1 of chapter 154, Session Laws of Colorado 2001. For the legislative declaration contained in the 2005 act adding subsection (2)(c), see section 1 of chapter 72, Session Laws of Colorado 2005. For the legislative declaration contained in the 2006 act amending subsection (2)(b)(IV), see section 1 of chapter 117, Session Laws of Colorado 2006. For the legislative declaration contained in the 2008 act amending subsection (4), see section 1 of chapter 215, Session Laws of Colorado 2008. For the legislative declaration in the 2010 act amending subsection (6), see section 1 of chapter 271, Session Laws of Colorado 2010. For the legislative declaration in the 2011 act amending the introductory portions to subsections (4) and (4)(d) and subsections (4)(f), (4)(g)(II), and (4)(i), see section 1 of chapter 310, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (4)(l), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in the 2013 act adding subsections (1)(b.5), (1)(g.5), and (4)(p) and amending the introductory portions to subsections (2) and (4)(d) and subsections (4)(n) and (4)(o), see section 1 of chapter 253, Session Laws of Colorado 2013. For the legislative declaration in HB 15-1273, see section 1 of chapter 323, Session Laws of Colorado 2015. For the legislative declaration in HB 17-1276, see section 1 of chapter 270, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1194, see section 1 of chapter 160, Session Laws of Colorado 2019. For the legislative declaration in HB 23-1191, see section 1 of chapter 93, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1285, see section 1 of chapter 397, Session Laws of Colorado 2024.
(2) For the short title (Creating a Respectful and Open World for Natural Hair Act of 2020 or the CROWN Act of 2020) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020. For the short title (Jack and Cait's Law) in HB 21-1221, see section 1 of chapter 209, Session Laws of Colorado 2021. For the short title (Kelly Loving Act) in HB 25-1312, see section 1 of chapter 205, Session Laws of Colorado 2025.