Bill Tracker

For educator preparation stipend programs, current law defines
eligible student to mean a student who is eligible for financial
assistance because the student's expected family contribution does not
exceed 200% of the maximum federal Pell-eligible expected family
contribution. The bill amends the definition of eligible student to mean
a student who is eligible for financial assistance because the student's
expected family contribution does not exceed 250% of the maximum
federal Pell-eligible expected family contribution.
Current law requires that a student eligible for the student educator
stipend program must be placed as a student educator in a school- or
community-based setting in Colorado. The bill allows a student to be
placed as a student educator in a school- or community-based setting in
Colorado or within 100 miles of the Colorado state border.
The bill creates an exception to the student educator stipend
program and the educator test stipend program for funds appropriated to
the department of higher education from the economic recovery and relief
cash fund. The Colorado commission on higher education (commission)
is authorized to approve criteria for students who qualify for the student
educator stipend program and the educator test stipend program. For the
student educator stipend program, the commission is required, first, to
consider students with an expected family contribution that does not
exceed 300% of the maximum federal Pell-eligible expected family
contribution. For the educator test stipend program, the commission is
required, first, to consider students with an expected family contribution
that does not exceed 300% of the maximum federal Pell-eligible expected
family contribution and, second, to consider graduates of an approved
program of preparation who were placed as student educators before
passing the assessment of professional competencies in state fiscal years
2019-20, 2020-21, and 2021-22.
Current law requires eligible applicants for the temporary educator
loan forgiveness program (forgiveness program) to be educators licensed
as teachers or school counselors. The bill broadens the program
requirements to allow eligible applicants to be educators licensed as
principals or special service providers.
The bill broadens the requirements of the forgiveness program.
The commission is required, first, to consider applicants who hold
educator licenses and prioritize the approval of those applications based
on the length of time each applicant has been employed under the license,
beginning with those who have been employed the shortest length of
time. The bill removes the forgiveness program requirement that the
commission approves applicants who have contracted for a qualified
position in a rural school or a rural school district or in a content shortage
area whose percentage of at-risk pupils exceeded 60% in the 2021-22
budget year.

The bill creates the sixth through twelfth grade mental health
assessment program (program) administered by the department of public
health and environment (department).
The bill allows any public school that serves any of grades 6
through 12 to participate in the program and requires a public school that
wants to participate in the program to notify the department.
The bill requires participating schools to provide written notice to
the parents of students within the first 2 weeks of the start of the school
year in order to allow parents to opt their child out of participating in the
mental health assessment.
The bill specifies that a student 12 years of age or older may
consent to participate in the mental health assessment even if the student's
parent opts out.
Mental health assessments must be conducted in participating
schools by a qualified provider. The bill requires the department to select
a qualified provider to administer the mental health assessment and
establishes requirements that the qualified provider must meet.
The bill requires a qualified provider to notify the student's parent
under certain circumstances, if the qualified provider finds that additional
treatment is needed after reviewing the student's mental health assessment
results.
The bill authorizes the department to promulgate rules as necessary
to implement and administer the program.

Current law requires an employer to provide its employees with an
annual statement showing the total compensation paid and the income tax
withheld for the preceding calendar year. The bill requires an employer
to also provide, within a week before or after providing the statement and
in the same manner as the statement is provided, written notice of the
availability of the federal and state earned income tax credits and the
federal and state child tax credits. The written notice must be in English
and any other language the employer uses to communicate with
employees and must include any additional content that the department
of revenue prescribes.

Colorado Youth Advisory Council Committee. The bill creates
the secondary school student substance use committee (committee) in the
department of education (department) to develop a practice, or identify or
modify an existing practice, for secondary schools to implement that
identifies students who need substance use treatment, offers a brief
intervention, and refers the student to substance use treatment resources.
The department is required to publicly publish a report of the
committee's findings and submit the report to the superintendent of every
school district and chief administrator of every institute charter school
that is a secondary school.

Pension Review Commission. The bill creates an income tax
credit that is available for income tax years commencing on or after
January 1, 2023, but prior to January 1, 2025, for a qualifying public
service retiree, which means a full-time Colorado resident individual who
is:
  • 55 years of age or older at the end of the 2023 or 2024
income tax year; and
  • A retiree of a Colorado public pension plan administered
pursuant to the Colorado Revised Statutes or a retiree of a
public pension plan administered by a local government of
the state of Colorado.

The bill creates an accelerator hospitality business license,
accelerator transporter license, and accelerator retail deliverer permittee
for social equity licensees qualified to participate in the accelerator
program.
The bill requires the department of revenue to provide an annual
report to the finance committees of the house of representatives and the
senate concerning active social equity licenses, any recommendations for
new social equity licenses and permits, and any recommendations for new
or innovating funding sources for the social equity licensees or
permittees.
Effective January 2, 2024, the bill amends the eligibility
requirements for a person to qualify as a social equity licensee. The bill
clarifies that the new eligibility requirements only apply to social equity
licensee applications received on or after January 2, 2024, or to the
reinstatement or reactivation of social equity licenses originally issued
before January 2, 2024. The new eligibility requirements do not apply to
the renewal of social equity licenses applied for or issued before January
2, 2024.
The bill authorizes a social equity licensee who satisfies the
eligibility requirements effective January 2, 2024, with a retail marijuana
transporter licensee and a retail marijuana delivery permit or an
accelerator retail deliverer permit, to exercise the privileges of a retail
marijuana store license without needing to obtain a retail marijuana store
license or accelerator store license.
The bill requires the department of revenue to create incentives for
social equity licensees and accelerator-endorsed licensees, including
reducing or waiving fees.
The bill creates, in the office of economic development, a grant
committee that is responsible for reviewing grant applications, selecting
grant recipients, and determining grant awards that are issued pursuant to
an existing grant program for supporting entrepreneurs in the marijuana
industry.

The bill extends the timeline from 12 months to 18 months for
prospective charter schools to submit applications to become charter
schools to the local board of education. It also permits local school boards
to issue requests for proposals for prospective charter schools. The bill
allows local boards of education to apply to the state board of education
for modifications to the timelines set forth in the bill.

The bill makes 3 primary clarifications about the remedies a
person with a disability is entitled to under current Colorado law related
to protections against discrimination on the basis of disability for persons
with disabilities:
  • That a person with a disability is prohibited from being
subject to discrimination by, excluded from participating
in, or denied the benefits of services, programs, or activities
of a place of public accommodation;
  • That the types of monetary damages to which a person with
a disability is entitled include damages for emotional
distress; and
  • That a person with a disability is entitled to both a court
order requiring compliance and either monetary damages
or a statutory penalty.
The bill also allows a court to award reasonable attorney fees and
costs to a prevailing plaintiff for any action commenced pursuant to
certain Colorado law related to protections against discrimination on the
basis of disability for persons with disabilities.
Lastly, the bill specifies that certain types of relief do not require
exhaustion of potential administrative remedies.

The bill specifies that actions brought for violations of minimum
wage laws must be commenced within 2 years after the cause of action
accrues or, for a willful violation, within 3 years after the cause of action
accrues.

Most real property is reassessed every odd-numbered year. The bill
establishes a one-time exception by making the reassessment cycle
beginning on January 1, 2021, a 4-year cycle so that the next reassessment
cycle will begin in 2025 instead of 2023.
Under current law, for the 2023 property tax year, the actual value
used for purposes of valuation for assessment is reduced for commercial
real property by $30,000 and for residential real property by $15,000. The
bill eliminates these reductions.
The bill also sets the assessment rates for nonresidential real
property and multi-family residential real property for the 2024 property
tax year, so that they are the same rates as for the 2023 property tax year.
Lastly, the bill ensures that the actual value of property used for
purposes of valuation for assessment does not increase by more than 5%
between 2022 and 2025, for property that does not have an unusual
condition which results in an increase or decrease in actual value.

Effective January 1, 2024, the bill requires each newly constructed
public building and each public building in which restroom renovations
are estimated to cost $10,000 or more that is wholly or partly owned by
the state, a county, or a local municipality to:

  • Provide a non-gendered restroom facility or a multi-stall
non-gendered facility on each floor where restrooms are
available;

  • Ensure that all single-stall restrooms are not designated for
exclusive use by any specific gender;
  • Allow for the use of multi-stall restrooms by any gender if
certain facility features are met under the 2021
International Plumbing Code; and

  • Provide at least one safe, sanitary, and convenient baby
diaper changing station that is accessible to the public on
each floor where there is a public restroom in each
gender-specific restroom, non-gendered multi-stall
restroom, and non-gendered single-stall restroom.
The bill also requires each newly constructed public building and
each public building in which restroom renovations are estimated to cost
$10,000 or more that is wholly or partly owned by the state, a county, or
a local municipality to include signage indicating the presence of a baby
diaper changing station with a pictogram that is void of gender in all
restrooms with baby diaper changing stations, in all non-gendered
restrooms, and in all single-stalled restrooms.
The bill also requires each newly constructed public building and
each public building in which restroom renovations are estimated to cost
$10,000 or more that is wholly or partly owned by the state, a county, or
a local municipalitiy to indicate in the central building directory, if such
a directory exists, the location of any baby diaper changing station and of
any non-gendered restroom.
The bill exempts the requirements of including a baby diaper
changing station in any restroom and any construction necessary to
comply with providing an accessible non-gendered restroom if the
requirement would result in failure to comply with applicable building
standards governing the right of access for individuals with disabilities.
The bill clarifies that an employee with a designated workplace in
a public building may undertake the complaint process for alleged
discriminatory or unfair practices including the failure to comply with
providing the required amenities to all genders, as required, with the
Colorado civil rights division charged with the enforcement of the
Colorado anti-discrimination act.

Current law defines child-occupied facility for the purposes of
lead-based paint abatement as a building or portion of a building that is
visited by a child on 2 or more days within any week, with each visit
totaling 6 or more hours. The bill reduces the total daily visit time to 3 or
more hours.

The bill enacts the Interstate Teacher Mobility Compact
(compact). The compact is designed to make it easier for teachers,
especially active military members and eligible military spouses, from one
member state to receive a teacher's license from another member state.

Under current law, the independent ethics commission created in
article XXIX of the state constitution does not have jurisdiction over
officials or employees of special districts or school districts. The bill
gives the independent ethics commission jurisdiction to hear complaints,
issue findings, assess penalties, and issue advisory opinions on ethics
issues concerning a local government official or local government
employee. Local government is defined to include a county,
municipality, special district, or school district. Existing ethical standards
apply to a local government official and a local government employee.
The bill applies those standards to a local government official or local
government employee through the independent ethics commission.

Current law designates that a student in an out-of-home placement
is a resident of the school district where the placement is located, even if
that student continues to attend a school in another school district. The
bill designates students in out-of-home placements as residents of the
school district of their school of origin as long as the student attends the
school of origin.

The bill prohibits state money from being used to further certain
social, political, or ideological interests beyond what controlling state and
federal law require. Sections 1 to 3 of the bill apply this prohibition to the
public employees' retirement association (PERA) by requiring PERA to
make investments solely on financial factors and prohibiting PERA from
investing in an entity with a stated purpose to further certain social,
political, or ideological interests beyond what federal and state law
require (nonfinancial commitment). Section 1 also:
  • Requires that PERA ensure that a designated agent
commits to following guidelines that match PERA's
obligation to act solely on financial factors prior to PERA
entrusting member funds to the designated agent;
  • Requires that a designated agent ensure that a proxy
advisor or other service provider has committed to
following guidelines that match PERA's obligation to act
solely on financial factors prior to the designated agent
following a recommendation of the proxy advisor or
service provider; and
  • Gives the attorney general the authority to enforce these
investment requirements.
Section 2 requires PERA to invest solely in the financial interest
of PERA members and beneficiaries. Section 3 clarifies that the fiduciary
duties of PERA's board of trustees include the obligation to act in the
financial interest of PERA members and benefit recipients.
Section 4 requires a government contract to include a verification
that a company entering into a government contract does not, and will not
during the term of the contract, engage in an economic boycott of another
company to further certain social, political, or ideological interests.
Section 4 prohibits a person from penalizing a financial institution for
complying with the non-economic boycott verification requirement.
Section 4 also gives the attorney general the authority to enforce the
newly created article.
Section 5 requires the state treasurer to make investments solely
on financial factors, prohibits the state treasurer from investing in entities
with a stated nonfinancial commitment, and gives the attorney general
authority to enforce these investment requirements.
Sections 6 to 10 make conforming amendments.

The bill requires any intercollegiate, interscholastic, intramural, or
club athletic team, sport, or athletic event to be designated as one of the
following, based on the biological sex at birth of the participating
students: Male, female, or coeducational. Male and female athletes may
only participate on teams designated to their respective sexes. The bill
prohibits a governmental entity from investigating a complaint or taking
any adverse action against a public school, school district, activities
association or organization, institution of higher education, or any
employee or governing board member for complying with the bill.
The bill creates a cause of action for a student, school, or
institution that suffers harm as a result of noncompliance with the bill.
There is also a cause of action for a student who suffers retaliation for
reporting violations of the bill. The statutes of limitations for the causes
of action are 2 years and a prevailing party is entitled to reasonable
attorney fees. The attorney general is required to provide legal
representation to a school, school district, association, or institution of
higher education that is sued for complying with the bill.

The bill requires a school district to implement additional
procedural safeguards for an expulsion hearing (hearing). A school
district is required to provide all records that the school district intends to
use as supporting evidence in a hearing to the student or the student's
parent, guardian, or legal custodian at least 5 business days prior to the
hearing. If a school district intends to present written statements or oral
testimony from witnesses during the hearing, the student and the student's
parent, guardian, or legal custodian must be notified at least 5 business
days prior to the hearing of the contents of the written statement or oral
testimony provided to the school district. The student and the student's
parent, guardian, or legal custodian have the right to cross-examine
adverse witnesses who provide a written statement or oral testimony to
the school district.
During the hearing, the school district has the burden of presenting
clear and convincing evidence to demonstrate that the student violated
state law and the school district's policy, and that excluding the student
from the learning environment through expulsion or denial of admission
is necessary. Following the hearing, the executive officer or designee
acting as a hearing officer is required to report findings of fact, findings
regarding mitigating factors, and recommendations.
Current law permits a student to be suspended, expelled, or denied
admission for behavior on or off school property that is detrimental to the
welfare or safety of other students or school personnel. The bill requires
a school district or enrolling school district to demonstrate that a student's
behavior off school grounds poses an imminent threat to other students
or school personnel by establishing a direct and substantial nexus between
the student's alleged conduct committed off school grounds and the risk
of physical harm to other students or school personnel. Behavior that
occurs off school grounds that results in delinquency or criminal charges
and is unrelated to a school-sponsored event is not automatic grounds for
suspension, expulsion, or denial of admission. For a hearing concerning
a student whose alleged conduct occurred off school grounds, the
executive officer or designee acting as a hearing officer is required to
report findings of fact that establish a direct and substantial nexus
between the student's behavior and the risk of physical harm to other
students and school personnel.
Current law allows a school district board of education (board) to
delegate its power to its executive officer or to a designee who serves as
a hearing officer to expel or deny admission to a student. The bill requires
the individual who serves as the board's hearing officer to agree to recusal
if a conflict of interest occurs that interferes with the individual's duty to
act as an impartial hearing officer. An executive officer, a designee, or
any individual acting as a hearing officer is also required to participate in
an annual training on state and federal school discipline laws.

Current law requires reports of known or suspected child abuse or
neglect to include the source of the report and the name, address, and
occupation of the person making the report whenever possible. The bill
requires a report of this information in all circumstances.

Before adding a person suspected of child abuse or neglect
(person) to the automated child welfare system (system), the bill requires
the department of human services (state department) to provide a written
notice to the person of the opportunity for a hearing. The person must
request a hearing no later than 90 days after the date of the written notice.
The bill prohibits the state department from releasing a finding of
a person responsible for child abuse or neglect or the state department or
a law enforcement entity from releasing information about the person or
the allegations against the person to a third party until all administrative
appeals are either exhausted or waived.
When a hearing is requested, the bill requires an administrative
law judge (ALJ) to contact the parties to schedule the hearing no later
than 120 days after the date the person requests a hearing.
If the ALJ finds that there is sufficient evidence to support the
state department's allegations, the bill requires:
  • The state department to enter the substantiated findings
against the person into the system for a period of time
proportionate to the severity of the findings; and
  • Any law enforcement entity that created a record of the
alleged incident of child abuse or neglect to retain the
record pursuant to certain restrictions.
If the ALJ finds there is insufficient evidence to support the state
department's allegations, the bill requires:
  • The ALJ to order the state department to amend the state
department's findings accordingly and order that allegation
not be entered into the system; and
  • Any law enforcement entity that created a record of the
alleged incident of child abuse or neglect to mark the
record as unsubstantiated and retain and release the record
pursuant to certain restrictions.
The bill prohibits a finding from being entered against a person
who is less than 13 years of age.
The bill authorizes the state department, county departments of
human and social services (county departments), and law enforcement
entities to retain information concerning unsubstantiated reports of child
abuse and neglect in casework files to assist in future risk and safety
assessments; except that the state department, county departments, and
law enforcement entities shall not release any information contained in
any records that are accessible to the public or are used for purposes of
employment or background checks in cases determined to be
unsubstantiated or false.

Current law entitles a parent, guardian, or legal custodian of, or
entity with educational decision-making authority for, a student with a
disability, or a student who may be eligible for special education services
(parent), to file a state complaint in the event of a dispute with an
administrative unit or a state-operated program (education provider). If
the parent prevails in a state complaint decision, the education provider
may file a due process complaint against the parent regarding the issues
disputed in the state complaint. The bill requires the department of
education (department) to create and maintain a list of attorneys qualified
to represent a parent in a due process complaint hearing filed by an
education provider concerning issues disputed in the state complaint in
which the parent prevailed.
The department shall appoint an attorney to defend a parent against
due process complaints filed by an education provider. The parent may
waive the appointment of the attorney.
The bill requires the department to include information on attorney
appointments in the procedural safeguard notice and in materials
distributed to parents describing due process complaint procedures.
The bill creates a fund to pay attorneys defending parents against
due process complaints filed by an education provider.

Current law allows only specified employees to participate in the
public employees' retirement association's (PERA) defined contribution
plan. Employer and member contribution rates for PERA's defined
contribution plan are fixed in statute and vary per division. Members of
the school division or the Denver public schools (DPS) division of PERA
are not able to enroll in the defined contribution plan and are enrolled in
the defined benefit plan administered by PERA.
The bill requires the PERA board to establish and administer a
flexible defined contribution plan and gives PERA members who are
hired on or after January 1, 2024, and who are members of the school
division or DPS division (eligible employees), the option to participate in
the flexible defined contribution plan. If an eligible employee opts to
participate in the flexible defined contribution plan, the eligible employee
may determine the employee's contribution rate. Employers of eligible
employees who opt into the flexible defined contribution plan are
required to contribute an amount equal to 6.5% of the member's salary
toward the member's account, and contribute an amount equal to 15% of
the member's salary to the defined benefit plan.

The bill requires every route school bus used for the transportation
of schoolchildren to have an automated vehicle identification system
(system) installed on the route school bus on or before July 1, 2028, to
record motor vehicles that unlawfully pass a stopped route school bus.
The bill creates the route school bus camera matching grant
program (grant program). The purpose of the grant program is to provide
grants to eligible applicants to install a system on every route school bus
to record motor vehicles that unlawfully pass a stopped route school bus.
The department of education shall administer the grant program pursuant
to rules promulgated by the state board of education.

The bill authorizes a public school or a charter school that is
permitted by its charter authorizer to offer an individualized learning
program or become an individualized learning school.
Individualized learning includes a course of instruction or
grade-level course work that is:
  • Provided, in whole or in part, independently from a regular
classroom setting or schedule;
  • Supervised, monitored, assessed, evaluated, and
documented by a teacher employed by an individualized
learning school or a public school that offers an
individualized learning program; and
  • Documented in the student's written learning plan.
The bill requires each charter school application to identify
whether the proposed charter school will offer an individualized learning
program or become an individualized learning school.
The bill authorizes an existing charter school to request to amend
the charter contract to allow the charter school to offer an individualized
learning program or propose to become an individualized learning school
either in connection with the charter-renewal process or pursuant to an
agreement with the charter authorizer that the charter school will submit
a written plan for becoming an individualized learning school.
The bill requires an individualized learning school to operate as
part of, or within reasonable proximity to, a public school that serves
students enrolled in the individualized learning program.
The bill requires an individualized learning school or an
individualized learning program to be open for enrollment to any student
whose residence is within reasonable distance of the school or program
that will permit the student to attend the school in person on a daily basis,
if needed.
The bill requires each student enrolled in an individualized
learning school or individualized learning program to have a written
learning plan that is designed to meet the student's individual educational
needs.
The bill requires direct personal contact between a teacher and
each student to take place at least once per school week.
The bill requires a teacher to evaluate the educational progress of
each student enrolled in an individualized learning school or
individualized learning program at least once a month during the student's
enrollment. If the teacher determines the student failed to make
satisfactory progress or failed to follow the student's written learning
plan, the bill requires the teacher to develop an intervention plan for the
student. If the student continues to make less-than-satisfactory progress
after 3 consecutive months despite an intervention plan, the bill requires
the teacher to develop and implement an amended written learning plan
that includes a course of study designed to meet the student's needs more
appropriately.
The bill requires individualized learning to be overseen by a chief
academic officer who is appointed by the individualized learning school
or public school that offers an individualized learning program.
For the 2023-24 and 2024-25 state fiscal years, the bill requires an
individualized learning entity to receive public school funding if a student
is enrolled in an individualized learning entity that was operating on or
before the effective date of this act; was enrolled in a public school the
preceding academic school year; was not enrolled in a private school or
participating in a nonpublic home-based education program the preceding
school year; or is enrolling for the first time as a kindergarten or
first-grade student or has recently moved to Colorado and is enrolling for
the first time as a Colorado resident in any grade level. Beginning with
the 2025-26 state fiscal year, the bill requires an individualized learning
school to receive public school funding in the manner and to the degree
that applies to any student enrolled in a public school.

The bill prohibits a person employed by or volunteering in a public
school, a state-licensed child care center, a family child care home, or a
specialized group facility from imposing corporal punishment on a child.
The bill defines corporal punishment as the willful infliction of, or
willfully causing the infliction of, physical pain on a child.

The bill requires the department of labor and employment
(department) to establish a teacher externship program to allow
kindergarten through twelfth grade public school teachers (K-12 teachers)
to participate in experiential learning opportunities with employers,
outside of the school environment, to gain knowledge and expand their
curriculum in the science, technology, engineering, and mathematics
disciplines and other disciplines that may be of value to a particular
school district.
The department is required to work with the department of
education to select appropriate employers to participate in the externship
program. Employers may be eligible for a tax credit for participation in
the externship program. A K-12 teacher who participates in the externship
program may receive compensation from the applicable school district or
from the employer providing the externship and may apply for
professional development credit and graduate school credits as part of the
teacher license renewal requirements.
The director of the division of employment and training in the
department is authorized to seek and accept gifts, grants, and donations
for allocation to school districts for compensation for teachers who
participate in an externship.
The bill requires the department to compile and report data on the
externship program on an annual basis.
The bill creates a tax credit for employers that participate in the
externship program.

Current law requires the department of education (department) to
award an annual stipend of $1,600 to teachers, school counselors,
principals, and school psychologists who hold national board certification
and who are employed by a school district, board of cooperative services,
charter school of a school district, or an institute charter school (local
education provider). The bill extends the $1,600 stipend to qualified
librarians and school social workers who hold national board certification
and who are employed by a local education provider.
Current law allows the department to award an additional $3,200
annual stipend to teachers, principals, school counselors, and school
psychologists who are employed in a low-performing, high-needs school.
The bill allows the department to also extend an additional $3,200 stipend
to librarians or school social workers who are employed in a
low-performing, high-needs school. The additional $3,200 stipend is also
extended to teachers, librarians, school counselors, school psychologists,
or school social workers (national board-certified educators) who are
employed in a rural school district. The bill allows the department to
extend an additional $3,200 stipend to national board-certified educators
who are employed as math teachers in any school.
If a national board-certified educator transfers employment from
one low-performing, high-needs school or rural school district to another
low-performing, high-needs school or rural school district, the educator
remains eligible for the additional stipend. However, if a national
board-certified educator leaves employment with a low-performing,
high-needs school or rural school district, the educator is no longer
eligible for the additional stipend.
If a national board-certified math teacher transfers schools as a
math teacher, the educator remains eligible for the additional stipend.
However, if a national board-certified educator who is a math teacher
stops teaching math, the educator is no longer eligible for the additional
stipend.
If there are insufficient funds, the department shall reduce the
amount of each stipend by the same percentage that the deficit bears to
the amount required to fully fund the total number of national
board-certified educators who qualify for the stipend.
A national board-certified educator who is employed as a principal
or an administrator in a school and maintains a national certification is
eligible for a stipend.

For income tax years commencing on or after January 1, 2023, but
before January 1, 2027, the bill allows a refundable state income tax
credit, which is intended to offset the various expenses that licensed
teachers often incur throughout an academic year for classroom supplies,
professional development costs, supplemental educational materials, field
trips, and other items that improve the quality of the educational services
that they provide, to a licensed teacher who is employed as a teacher in
a public school on a full-time basis for at least one-half of an academic
year (eligible teacher) during the income tax year for which the credit is
claimed. The amount of the credit is $1,000 for an eligible teacher who
is employed for the equivalent of an entire academic year and $500 for a
teacher who is employed for one-half of an academic year. Two eligible
teachers who file a joint income tax return may each claim the credit.

Current law requires that a child with a disability be provided with
an individualized education program (IEP), developed by a
multidisciplinary team that includes the child's parents or guardians. The
bill requires the department of education to use the existing special
education data and information system to track the provision of language
translation services related to IEPs and include such data as part of its
annual SMART Act hearing.

The bill requires the Colorado department of public health and
environment (department) to distribute stop the bleed training materials
and bleed control kits to K-12 schools that opt into receiving them. The
bill also requires the department, in collaboration with the American
college of surgeons' committee on trauma, to report the number of schools
that opt in, the number of people who have been trained in stop the bleed
procedures in schools, the total number of stop the bleed control kits sent
to schools, and the total cost of the program for each school year.

Title 26.5 of the Colorado Revised Statutes relates primarily to
early childhood programs and services. In 2022, the general assembly
enacted House Bill 22-1295, which established the duties of the
department of early childhood (department), relocated early childhood
programs from the departments of human services and education to the
department, and created the Colorado universal preschool program in the
department.
The bill makes technical changes to title 26.5 and related statutes,
including:
  • Updates language regarding gifts, grants, and donations to
achieve uniformity;
  • Allows the department to enter into sole source contracts
for early literacy programming and whole-child services;
  • Adds the executive director of the department to the health
equity commission;
  • Adds the commissioner of the behavioral health
administration to the Colorado child abuse prevention
board;
  • Clarifies reporting dates to ensure the department can
complete and report data in a timely manner;
  • Clarifies the department's responsibilities concerning child
abuse or neglect record checks;
  • Amends background and record check language to align
with current federal and state practices and standards;
  • Clarifies definitions;
  • Updates references from ICON to Colorado state courts
data access system; and
  • Eliminates technical language no longer used in child care
licensing.
The bill makes conforming amendments.

The bill requires the department of education (department) to cap
standardized summative assessments administered to the minimum extent
possible, if requested by the local education provider.
The bill requires the department to apply for a federal waiver for
federal assessment requirements.
The bill requires the department to support, through various
means, local education providers and schools to innovate new
assessments.

The bill creates the accountability, accreditation, student
performance, and resource inequity task force (task force) to study
academic opportunities, inequities, promising practices in schools, and
improvements to the accountability and accreditation system.
The bill requires the speaker and minority leader of the house of
representatives, the president and minority leader of the senate, the
governor, and the department of education (department) to appoint
members to the task force no later than July 1, 2023. The task force
consists of 25 members, including members who represent statewide
education organizations, the department, the state board of education
(state board), school district board of education members,
superintendents, principals, and teachers.
The bill requires the department to enter into a contract with a
facilitator to guide the work of the task force no later than August 15,
2023. The facilitator shall draft an interim report and final report.
The task force is required to submit an interim report by March 1,
2024, and a final report by November 15, 2024, reflecting its findings and
recommendations to the education committees of the house of
representatives and senate, the governor, the state board, the
commissioner of education, and the department.

Under current law, counties are permitted to form a local
collaborative management program to provide services to youth. The bill
requires every county to participate in a local collaborative management
program and requires the local collaborative management program to
serve children 10 to 12 years of age and to form a service and support
team to create service and support plans for children 10 to 12 years of
age.
The bill provides an appropriation for local collaborative
management programs and requires the department of human services to
provide technical assistance to the programs.
The bill changes the minimum age of a child who is subject to the
juvenile court's jurisdiction. Under current law, children who are 10 years
of age or older can be prosecuted in juvenile court. The bill removes
children who are 10 to 12 years of age from the juvenile court's
jurisdiction and increases the age for prosecution in juvenile court to 13
years of age; except in the case of a homicide, then the juvenile court's
jurisdiction extends to children who are 10 to 12 years of age.
The bill clarifies that children who are 10 to12 years of age may
be taken into temporary custody by law enforcement for safety.
The bill provides that when children who are 10 to 12 years of age
have contact with law enforcement, law enforcement will complete a
form to refer the child to the local collaborative management program.
The local collaborative management program's individualized service and
support team is required to complete an initial plan for every child who
is referred, which may find that no services are needed, that one or more
specific services are needed and can be provided without an
individualized service and support team meeting, or that an individualized
service and support team meeting is required to develop a service and
support plan for the child and family. Victims have the right to be
informed and provide input to the plan.
The individualized service and support team is required to hold a
meeting and develop an individualized service and support plan for every
child who is 10 to 12 years of age who allegedly engaged in behavior that
would constitute a crime of violence or felony sex offense. The county
department of human or social services is required to attend the meeting
if the behavior would constitute a felony sex offense. The county
department of human or social services is required to make a
determination as to whether the department of human services will
provide prevention and intervention services or conduct a formal
assessment, investigate, provide services, or open a case.
The bill clarifies that victims of actions by children who are 10 to
12 years of age are still able to access existing victim services and
compensation. The bill provides that victims shall receive a free copy of
the form completed by law enforcement, which can be used to request
victim's compensation.
The bill provides that a minor child, or a parent or guardian
seeking relief on behalf of a minor child, shall not pay a fee to seek a
protection order. Courts that issue protection orders shall provide
assistance to individuals in completing judicial forms to obtain a
protection order. The bill changes the minimum age that a person can be
held in custody for contempt of court for failing to comply with a
protection order to a person who is 13 years of age. A child who is 10 to
12 years of age who fails to comply with a protection order may be court
ordered to participate in a collaborative management program.
The bill changes the minimum age of a county court's concurrent
original jurisdiction with the district court in criminal actions that
constitute misdemeanors or petty offenses to 13 years of age.
The bill changes the minimum age to be charged by a municipal
court for a municipal offense to 13 years of age.
Under current law, a juvenile court may transfer a child to district
court for adult criminal proceedings under certain conditions. The bill
eliminates the ability for the juvenile court to transfer children who are 12
or 13 years of age to the district court. For a child who is 14 years of age
or older, the bill changes the current authority of the juvenile court to
transfer the child's case for any delinquent act that constitutes any felony
to only any delinquent act that constitutes a class 1 or class 2 felony or a
crime of violence.
The bill extends certain sentencing protections that are currently
provided to children who are 10 or 11 years of age to children who are 13
or 14 years of age.

The bill creates a right for a local public body to cure a violation
of the open meetings law with respect to an executive session if the local
public body takes the corrective action at its next meeting after the
meeting at which the violation occurred or at the local public body's next
meeting that is held at least 14 days after receiving notice by a person
who intends to challenge the violation. The bill requires that, in order to
have standing, a person who intends to challenge a violation of the open
meetings law by a local public body in connection with an executive
session must first provide notice to the secretary or clerk of the local
public body and the parties must meet or communicate before the next
meeting of the local public body to determine if the challenge can be
resolved without filing with the court. If the local public body cures the
violation, a person does not have standing to challenge the violation.
Under current law, if the court finds a violation of the open
meetings law, a prevailing citizen is entitled to costs and reasonable
attorney fees. If the court does not find a violation, the prevailing party
may recover costs and reasonable attorney fees if the court finds that the
action was frivolous, vexatious, or groundless. The bill creates an
additional allowance in connection with a challenge filed that concerns
an action by a local public body for an executive session to allow a local
public body to recover costs and reasonable attorney fees if the court
determines the person filing the challenge has not complied with the
notice requirements or that the local public body has cured the violation.

The bill permits the multidisciplinary team that creates an
individualized education program (IEP) for a child, who may be eligible
for special education services, to translate the IEP draft documents into
the dominant language spoken in the home of the child's parent, guardian,
or legal custodian. The bill requires the multidisciplinary team to translate
the final IEP document into the dominant language spoken in the home
of the child's parent, guardian, or legal custodian.

The bill creates the urgent incident response fund (fund). Money
in the fund is continuously appropriated to the division of homeland
security and emergency management in the department of public safety
to reimburse state agencies and local governments for the costs of
responding to urgent incidents that do not rise to the level of disasters or
emergencies.

The bill refers a ballot issue to the voters at the November 7, 2023,
statewide election to allow the state to retain and spend state revenues that
would otherwise need to be refunded for exceeding the estimate in the
ballot information booklet analysis for proposition EE and to allow the
state to maintain the tax rates established in proposition EE that would
otherwise need to be decreased. If voters reject the ballot issue, the state
will both:
  • Refund $23.65 million to distributors and wholesalers in a
reasonable manner determined by the department of
revenue; and
  • Reduce by 11.53% the tax rates of the taxes on cigarettes,
tobacco products, and nicotine products created or
increased by proposition EE.
If voters approve the ballot measure:
  • The money set aside for the potential refund related to
proposition EE will instead be transferred to the preschool
programs cash fund and the general fund; and
  • The new tax on nicotine products and the increased taxes
on cigarettes and tobacco products in proposition EE will
stay at the rates required by proposition EE.
The refund or alternative spending is made or backfilled from
revenue in the newly created proposition EE cash fund, which consists of
$23.65 million from the preschool programs cash fund and the general
fund.

The bill clarifies the school expulsion hearing (hearing) process,
including the following:
  • A school district has the burden of proving by a
preponderance of the evidence that a student violated state
law and the school district's policy, that alternative
remedies were not appropriate, and that excluding the
student from school through expulsion or denial of
admission is necessary to preserve the learning
environment;
  • A school district is required to provide all records that the
school district intends to use as supporting evidence for
expulsion or denial of admission to the student or the
student's parent, guardian, or legal custodian at least 2
business days in which school is in session prior to the
hearing; and
  • Hearing officers are required to consider specific factors in
determining findings of fact and recommendations at the
conclusion of a hearing.
A hearing officer must not have a conflict of interest with regard
to a student under consideration for expulsion or denial of admission, or
towards any alleged victim. A hearing officer who has an unavoidable
conflict of interest, but must continue to serve as a hearing officer, is
required to provide proof of training on conflict of interest and bias and
provide evidence that the conflict of interest is unavoidable.
The bill requires the department of education (department), on or
before June 30, 2024, to create and maintain an online training program
for hearing officers who conduct expulsion hearings and school
administrators. Beginning January 1, 2025, hearing officers are required
to complete an initial 5-hour training program within 30 days after the
date the hearing officer starts work.
The training program must include information on the following:
  • Child and adolescent brain development;
  • Restorative justice;
  • Alternatives to expulsion;
  • Trauma-informed practices;
  • Conflict and bias in discipline, suspension, and expulsion;
and
  • The requirements and implementation of applicable federal
and state laws.
School districts, district charter schools authorized to expel or
suspend students, or the state charter school institute may waive the use
of the department's training program but shall provide a training program
to hearing officers and school administrators that meets or exceeds the
requirements of the department's training program.
The bill clarifies the judicial proceedings process available to a
student or the student's parents, guardians, or legal custodians to set aside
the school district board of education's decision to expel or deny
admission to the student.

The bill requires state and local public bodies (public bodies),
including the general assembly, and political parties to comply with
certain accessibility requirements within specified periods.
Access to ballot by candidates. The bill requires the general
assembly, the secretary of state, and each political party to ensure that the
caucus process or any future alternative process by which candidates may
access the ballot that is accessible to persons with disabilities remains an
option in the state. The bill specifies that the petition process is not a
means of ballot access that is accessible to persons with disabilities. In
addition, the bill requires that within 6 months of the effective date of the
bill, any person, upon request, must be able to participate in a precinct
caucus or a party assembly with the use of a video conferencing platform
that is accessible to persons with disabilities unless the precinct caucus or
party assembly is held in a geographic location that lacks broadband
internet service.
Auxiliary aids and services for members of the general
assembly. The house of representatives and the senate are required to
provide auxiliary aids and services to any member of the general
assembly upon request of the member for use by the member while the
member is in the capitol building or any other building in the capitol
complex where legislative business regularly occurs.
Video conferencing platforms in court proceedings. Within 5
years of the effective date of the bill, all courts in the state are required to
allow a person to appear in court by the use of a video conferencing
platform upon request of the person who is required to appear in court;
except that the court may make a finding of fact that the person's physical
presence in the courtroom is required. The supreme court is required to
prescribe rules of procedure to implement the use of a video conferencing
platform. The bill includes an exemption for courts that are in a
geographic location that lacks broadband internet service.
Accessibility of meetings of public bodies. Each public body is
required to ensure that the following accessibility requirements are
implemented:
  • Within 6 months of the effective date of the bill, any public
meeting at which public business is discussed, formal
action may be taken, or recommendations to the governing
body of the public body may be discussed (meeting) held
by a public body is required to be accessible in real time by
live streaming video or audio that is recorded and
accessible to persons with disabilities;
  • A public body is required to post on its website, within
specified periods, any documents that will be distributed
during a meeting;
  • Within 6 months of the effective date of the bill, for any
meeting of a public body during which public testimony
will be heard, the public body is required to allow any
person to participate in the meeting and offer public
testimony by using a video conferencing platform unless
the meeting occurs in a geographic location that lacks
broadband internet service;
  • A public body may require that a request for auxiliary aids
or services to attend a meeting of the public body with the
use of the video conferencing platform be made up to 7
days before the date of the meeting;
  • A public body is required to provide any auxiliary aids or
services requested in time for the meeting for which they
were requested without an explanation of the need for the
auxiliary aids and services. A public body is required to
postpone a meeting if it is unable to provide the requested
auxiliary aids or services in time for the meeting and is
required to document the reason for the additional time
required.
State capitol building accessibility requirements. Within 4 years
of the effective date of the bill, the legislative department, acting through
the executive committee of the legislative council, is required to ensure
that an audio and way-finding program that allows a person who is blind
or visually impaired to independently navigate the state capitol building
is implemented and available to any person who works in or visits the
capitol building.
The failure of any political party or public body to comply with the
applicable requirements of the bill constitutes discrimination on the basis
of disability. Any person who is subjected to a violation is entitled to seek
relief as currently provided in law.

The public-private collaboration unit (unit) in the department of
personnel (department) promotes the use of public-private partnerships
between state public entities such as departments, agencies, or
subdivisions of the executive branch of state government, and private
partners as a tool for time and cost-efficient completion of public
projects. The bill authorizes the unit to undertake additional functions in
connection with public projects that provide housing including:
  • Accepting gifts, grants, and donations, which if monetary,
are to be credited to the unused state-owned real property
fund (fund);
  • Utilizing proceeds from real estate transactions and
revenue from public-private agreements;
  • Acting as an agent on behalf of the department in real
estate transactions using real property that upon approval
by the governor has been deeded to the department by a
state public entity, including for the purchase, transfer,
exchange, sale and disposition, and lease of real property;
and
  • Establishing a process for using requests for information to
solicit public projects.
The bill also allows the department and the unit to use money from
the fund to facilitate these additional functions by the unit in connection
with public projects that provide housing and for the standard operating
expenses of the unit.

The bill creates the Colorado adult high school program (program)
in the office responsible for adult education within the department of
education (department). The purpose of the program is to create a
pathway for Coloradans who are 21 years of age or older and do not have
a high school diploma to attend high school and earn a diploma at no cost.
Students may also earn industry-recognized certificates or college credits
at no cost.
The bill requires the department to partner with a Colorado
community-based nonprofit organization (organization) to operate the
program. The department is required to select an organization to act as the
education provider for the program. The education provider is required
to:
  • Secure and maintain a building for the program;
  • Contribute funding annually for operating and facility
costs;
  • Hire educators and school personnel, including life coaches
who help students navigate academic and personal
challenges;
  • Establish an academic accountability system with the
approval of the department;
  • Establish minimum graduation requirements;
  • Award Colorado high school diplomas to students who
successfully complete the program;
  • Use an evidence-based educational model that has proven
effective through a randomized control trial or an
experimental study;
  • Develop in-person courses;
  • Develop online courses for students who take classes in
person but demonstrate academic readiness for remote
course work;
  • Consult with a nonprofit organization that has successfully
implemented an evidence-based educational model for
adults in another state;
  • Serve all students, regardless of immigration status;
  • Enroll no more than 400 students at one time;
  • Comply with state and federal laws concerning students
with disabilities, including students with accommodations
pursuant to section 504 of the federal Rehabilitation Act
of 1973;
  • Create individualized education programs for students with
disabilities;
  • Collaborate with local district colleges, community
colleges, area technical colleges, or local career and
technical education programs to ensure access to courses
that can lead students to graduate with industry-recognized
certificates;
  • Fund industry-recognized certificate programs at no cost to
students;
  • Create a plan to authorize teachers to teach courses for
college credit;
  • Operate a licensed, on-site child care center for students
with children; and
  • Offer transportation assistance to students who enroll in the
program.
The department is required to establish a fair and transparent
request for proposal process in order to select an organization to operate
the program. The request for proposal process must include input from
the office within the department responsible for adult education.
The request for proposals must include:
  • A plan for student enrollment, including students with
disabilities;
  • A plan to secure and maintain a building;
  • Proposed curriculum and academic accountability
standards for a student-centered course of study that can
result in a Colorado high school diploma;
  • Evidence of the effectiveness of the evidence-based
educational model to be implemented by the program;
  • A plan to hire and maintain a staff of educators and other
school personnel;
  • Proof of access to the money annually required to sustain
the program;
  • A plan to establish and operate an on-site licensed child
care center; and
  • A plan to offer transportation services to students.
On or before July 31, 2025, and every July 31 thereafter, an
education provider is required to report to the department on the status of
the program. On or before November 30, 2025, and every November 30
thereafter, the department is required to report the status of the program
to the house of representatives education committee and the senate
education committee, or their successor committees, including but not
limited to:
  • Student demographic data disaggregated by race, ethnicity,
socioeconomic status, age, gender, and disability;
  • Accountability measure outcomes; and
  • The number of industry-recognized certificates, college
credits, and overall average credit attainment that students
earn each term.

Under current law, a mental health professional must be licensed
by the department of education (department) in order to work in a school.
The bill authorizes a school district, the state charter school institute, and
a board of cooperative services that operates a school to employ certain
mental health professionals who are not licensed by the department but
hold a Colorado license for their profession. Before being employed, the
mental health professional must satisfy other requirements for
nonlicensed school employees, including a fingerprint-based criminal
background check. Any mental health professional employed may be
supervised by a mentor special services provider in the field in which the
person is employed or a licensed administrator.

Current law requires adult education providers (providers) that
participate in the department of education's (department) adult education
and literacy grant program (program) to offer eligible adults basic
education in literacy and numeracy. The bill adds digital literacy to the
basic education offered to eligible adults.
The bill describes services that providers may offer to eligible
adults. The bill amends the reporting requirements for providers of the
program.
The bill allows community colleges, area technical colleges, and
local district colleges (colleges) to develop minimum graduation
requirements for a high school diploma based on the minimum high
school graduation guidelines adopted by the state board of education.
Colleges are authorized to award high school diplomas to students who
successfully complete the colleges' minimum high school graduation
requirements.

The bill creates several opportunities for youth to be involved in
the review of the state's education standards. Youth representatives shall
be appointed as follows:
  • The commissioner of education (commissioner) shall
appoint youth representatives from nominations submitted
by schools throughout the state to participate in the
standards development process, which includes community
engagement;
  • The commissioner shall appoint 2 youth representatives to
any regional educator meetings; and
  • Each local education provider shall appoint 2 youth
representatives to any review committees for local
education providers.
In each instance, the appointing authority shall select the youth
representatives from nominations submitted by schools throughout the
state, and, if applicable, one must be from an urban area and one must be
from a rural area.
Youth representatives will serve as voting members of the
committees and be reappointed pursuant to each committee's process. The
department of education (department) may compensate youth
representatives for actual expenses incurred with participation, and, if
appropriate, provide a stipend in an amount determined by the
department.
The department shall promote the opportunities for youth
involvement and request schools nominate youth to participate.

Section 1 of the bill requires that, beginning in 2024, each
insurance company issued a certificate of authority to transact insurance
business that reports more than $100 million on its annual schedule T
filing with the National Association of Insurance Commissioners (NAIC)
must participate in and complete the NAIC's Insurer Climate Risk
Disclosure Survey or successor survey or reporting mechanism.
Section 2 requires the public employees' retirement association
(PERA) board, on or before June 1, 2024, to adopt proxy voting
procedures that ensure that the board's voting decisions align with, and
are supportive of, the statewide greenhouse gas (GHG) emission
reduction goals.
Section 3 requires PERA to include as part of its annual
investment stewardship report, which report is posted on the PERA
board's website, a description of climate-related investment risks,
impacts, and strategies.
Section 4 adds wastewater thermal energy equipment to the
definition of pollution control equipment, which equipment may be
certified by the division of administration (division) in the department of
public health and environment (CDPHE). Similarly, section 5 adds
wastewater thermal energy to the definition of clean heat resource,
which resource a gas distribution utility includes in its clean heat plan
filed with the public utilities commission.
Section 6 updates the statewide GHG emission reduction goals to
add a 65% reduction goal for 2035, an 80% reduction goal for 2040, and
a 90% reduction goal for 2045 when compared to 2005 GHG pollution
levels. Section 6 also increases the 2050 GHG emission reduction goal
from 90% of 2005 GHG pollution levels to 100%.
Section 7 gives the oil and gas conservation commission
(COGCC) authority over class VI injection wells used for sequestration
of GHG if the governor and COGCC determine, in accordance with a
study that the COGCC conducted in 2021, that the state has sufficient
resources to ensure the safe and effective regulation of the sequestration
of GHG. If the governor and the COGCC determine there are sufficient
resources, the COGCC may seek primacy under the federal Safe
Drinking Water Act and, when granted, may issue and enforce permits
for class VI injection wells. The COGCC shall require, as part of its
regulation of class VI injection wells, that operators of the wells maintain
adequate financial assurance until the COGCC approves the closure of a
class VI injection well site.
Section 8 establishes a state income tax credit in an amount equal
to 30% of the purchase price for new, electric-powered lawn equipment
for purchases made in income tax years 2024 through 2026. A seller of
new, electric-powered lawn equipment that demonstrates that it provided
a purchaser a 30% discount from the purchase price of new,
electric-powered lawn equipment may claim the tax credit.
Current law requires an electric retail utility (utility) to offer a net
metering credit as the means of purchasing output from a community
solar garden (CSG) located within the utility's service territory and
establishes the means of calculating the net metering credit. Section 9
maintains that calculation if the CSG indicates to the utility that the CSG's
subscribers' bill credits change annually. If the CSG indicates to the utility
that the CSG's subscribers' bill credits remain fixed, however, section 9
provides a different calculation for determining the net metering credit.
Sections 10 through 12 incorporate projects to renovate or
recondition existing utility transmission lines into the Colorado Electric
Transmission Authority Act, allowing the Colorado electric transmission
authority to finance and renovate, rebuild, or recondition existing
transmission lines in order to update and optimize the transmission lines.
Section 13 requires a local government to expedite its review of
a land use application that proposes a project to renovate, rebuild, or
recondition existing transmission lines.
Section 14 makes a conforming amendment regarding the updated
statewide GHG emission reduction goals set forth in section 6.

The bill allows an employee to use accrued paid sick leave when
the employee needs to:
  • Care for a family member whose school or place of care
has been closed due to inclement weather, loss of power,
loss of heating, loss of water, or other unexpected
occurrence or event that results in the closure of the family
member's school or place of care; or
  • Grieve, attend funeral services or a memorial, or deal with
financial and legal matters that arise after the death of a
family member.

The bill encourages each public school in the state to provide
instruction on cardiopulmonary resuscitation and the use of an automated
external defibrillator to students in grades 9 through 12. The bill requires
the instruction to meet certain requirements.
The bill requires the instruction of cardiopulmonary resuscitation
and the use of an automated external defibrillator to be included in the
curriculum for a high school that participates in the Colorado
comprehensive health education program.

Colorado Youth Advisory Council Committee. The bill requires
each school district board of education, institute charter school board for
a charter school authorized by the state charter school institute, or
governing board of a board of cooperative services (BOCES) to adopt a
policy to address disproportionate disciplinary practices in public schools.
Each school district, charter school, institute charter school, or BOCES
(local education provider) shall develop, implement, and annually review
improvement plans if the data reported to the department of education
pursuant to the safe school reporting requirements shows disproportionate
discipline practices at the local education provider. In implementing an
improvement plan to address disproportionate discipline practices, each
local education provider shall provide to the parents of the students
enrolled in the school written notice of the improvement plan and issues
identified by the local education provider as giving rise to the need for the
plan. The written notice must include the timeline for developing and
adopting the improvement plan and the dates, times, and locations of the
public meeting to solicit input from parents concerning disproportionate
discipline and the contents of the plan before the plan is written and a
public hearing to review the plan prior to final adoption.
Current law encourages school districts to consider certain factors
before suspending or expelling a student. The bill requires school districts
to consider those factors before suspending or expelling a student.
The bill requires school districts to document in a student's record
and compile in the safe school report any alternative disciplinary attempts
before suspending or expelling a student.

The school access for emergency response (SAFER) grant
program is scheduled to repeal on July 1, 2024. The bill extends the
SAFER grant program for 5 years, until July 1, 2029, and clarifies when
the state treasurer is required to transfer unexpended money from the
SAFER grant program's cash fund when the grant program is repealed.

Current law specifies that a covered individual's weekly paid
family and medical leave benefit is determined based on the individual's
average weekly wage earned during the covered individual's base period
or alternative base period from the job or jobs from which the covered
individual is taking paid family and medical leave, which excludes from
the calculation recent wages from previous jobs. The bill eliminates the
limit on calculating the benefit based on the average weekly wage earned
only from the job or jobs from which the individual is taking paid family
and medical leave.

The bill prohibits the state, counties, cities and counties,
municipalities, schools districts, and any of their departments, institutions,
or agencies from making it a condition of employment that an employee
or a prospective employee executes a contract or other form of agreement
that prohibits, prevents, or otherwise restricts the employee or prospective
employee from disclosing factual circumstances concerning the
individual's employment with the government (nondisclosure agreement)
unless the nondisclosure agreement is necessary to prevent disclosure of:
  • Factual circumstances relating to the employment that
reasonably implicate privacy interests held by the employee
who is a party to the agreement; or
  • Matters required to be kept confidential by federal law or
rules, the state constitution, or state statute, or matters
bearing on the specialized details of security arrangements
or investigations.
The bill prohibits nondisclosure agreements that prohibit
employees of the state, counties, city and counties, municipalities, school
districts, or any of their departments, institutions, or agencies from
disclosing factual circumstances concerning their employment. To the
extent that an employer includes any such provision in any employment
contract or agreement, the provision is deemed to be against public policy
and unenforceable against a current or former employee who is a party to
the contract or agreement unless the provision is intended to prevent
disclosure of factual circumstances implicating the employee's privacy
interests, matters required to be kept confidential under federal law or
rules, the state constitution, or state statute, or matters bearing on the
specialized details of security arrangements or investigations.
The bill prohibits the state, counties, city and counties,
municipalities, or any of their departments, institutions, or agencies from
taking any retaliatory action against an individual on the grounds that the
individual does not enter into a contract or agreement deemed to be
against public policy and unenforceable under the bill. Any person who
enforces or attempts to enforce a provision deemed to be against public
policy and unenforceable under the bill is liable for the employee's
reasonable attorney fees and costs in defending against the action.

To recompense the public employees' retirement association
(PERA) for the cancellation of a previously scheduled July 1, 2020, direct
distribution of $225 million, House Bill 22-1029 required an additional
direct distribution to PERA. However, the additional direct distribution
did not fully recompense PERA for the cancellation of the previously
scheduled direct distribution. To fully recompense PERA, the bill requires
the state treasurer to issue a warrant to PERA in an amount equal to
$35,050,000. The bill requires the warrant to consist of the balance of the
PERA payment cash fund, and any remaining amount must be paid from
the general fund.

Starting July 1, 2024, the bill prohibits employers from inquiring
about a prospective employee's age, date of birth, and dates of attendance
at or date of graduation from an educational institution on an employment
application.
An employer may request an individual to verify compliance with
age requirements imposed pursuant to or required by:
  • A bona fide occupational qualification pertaining to public
or occupational safety;
  • A federal law or regulation; or
  • A state or local law or regulation based on a bona fide
occupational qualification.
The department of labor and employment (department) is charged
with enforcing the requirements of the bill and may issue warnings and
orders of compliance for violations and, for second or subsequent
violations, impose civil penalties. A violation of the restrictions does not
create a private cause of action. The department is directed to adopt rules
regarding procedures for handling complaints against employers.

The bill eliminates the requirement that the department of
education administer a state assessment in social studies to elementary
and secondary students.

For the career development success program (program), the bill
removes the requirement for successful completion of a qualified industry
pre-apprenticeship program and the requirement for successful
completion of a qualified industry apprenticeship.
Current law requires the general assembly to annually appropriate
$1 million to the department of education for the program. Beginning in
the 2023-24 budget year, and each budget year thereafter, the bill increase
the appropriation to $10 million.
The bill requires a school district or charter school participating in
the program to receive 120% of the per-pupil amount for each pupil who
is eligible for free or reduced-price lunch and who successfully earned an
industry certificate by completing a qualified industry-credential program,
a qualified workplace training program, or a qualified advanced
placement course.
The bill authorizes a participating school district or participating
charter school to contract with a third party to provide specified services
under the program.
The bill extends the repeal date from September 1, 2024, to
September 1, 2034.

Under current law, a peace officer who works as a school resource
officer is encouraged to complete a school resource officer training
curriculum (training) identified by the P.O.S.T. board. The bill requires
a peace officer to complete the training before working as a school
resource officer or as soon as is reasonably possible if there is not
sufficient time to complete the training before the school resource officer
assignment begins.

Current law does not expressly provide a school district or the state
charter school institute (institute) with legal standing to bring lawsuits
against rules, regulations, or final orders of the state board of education
(state board) issued pursuant to the Colorado Education Accountability
Act of 2009 (act). The bill allows a school district or the institute to seek
judicial review or file a civil action for declaratory relief against rules,
regulations, or final orders of the state board issued pursuant to the act.

Current law requires that a child's name and identifying
information be deleted from criminal justice records released to the public
if the child was a victim of certain enumerated sexual offenses. The bill
removes the limitation that a child be a victim of an enumerated sexual
offense for the child's name and identifying information to be deleted
from a criminal justice record released to the public. The bill also requires
that the name and identifying information of a child who witnesses a
criminal offense be deleted from criminal justice records released to the
public.
Under current law, a criminal justice agency must make the
notation CHILD VICTIM on a criminal justice record involving a child
victim when the child victim's name is disclosed during proceedings
related to the criminal justice record or when the child victim or child
victim's guardian requests the notation. The bill requires that a criminal
justice agency make the notation CHILD WITNESS on a criminal
justice record involving a child witness under the same circumstances.

Sunset Process - Senate Education Committee. The Colorado
youth advisory council (advisory committee) is set to repeal September
1, 2023. The bill implements the department of regulatory agencies'
recommendation to continue the advisory committee indefinitely.

The bill establishes a parental engagement in schools income tax
credit for income tax years commencing on or after January 1, 2024, that
allows a taxpayer who is a parent (taxpayer) to claim a credit when the
taxpayer volunteers in the school of the taxpayer's child. Taxpayers are
allowed a credit of $20 for each volunteer hour, up to $500.
Eligible schools include a school of a school district, a district
charter school, an institute charter school, or a board of cooperative
services.
An eligible school shall issue a credit certificate to any taxpayer
who volunteers in the school. The credit certificate allows the taxpayer to
claim a credit with respect to the income taxes imposed by the state. To
claim a credit, the taxpayer must submit the credit certificate to the
department of revenue (department) with the taxpayer's income tax return
for the income tax year for which a credit is claimed. The amount of the
credit that exceeds the taxpayer's income taxes due is refunded to the
taxpayer.
The bill encourages eligible schools to promote the credit to
parents at the start of each school year and to provide volunteer
opportunities throughout the year to accommodate parent schedules and
interests.
The bill requires the Colorado state advisory council for parent
involvement in education (council) to develop marketing materials to
promote the credit to parents. The council shall conduct training sessions
to instruct eligible schools on how to implement and manage a volunteer
program to align with the credit. The training sessions must use best
practices for parental engagement. On or before May 1, 2025, the council
shall create and distribute a statewide parental engagement feedback
survey (survey) to solicit and collect parental engagement feedback from
parents. The purpose of the survey is to measure parental engagement
participation and to determine whether parental engagement provides
support to eligible schools.
At the end of each school year through 2029, eligible schools are
required to solicit feedback, using the council's survey, from parents
concerning volunteer experiences. On or before July 1, 2025, and each
July 1 thereafter through July 1, 2029, eligible schools shall submit the
survey data to the school districts. On or before October 1, 2025, and each
October 1 thereafter through October 1, 2029, school districts shall report
the survey data to the department of education.
The bill requires the department of education to submit an annual
report summarizing the survey data reported by the school districts to the
department on February 15, 2026, and each February 15 thereafter
through February 15, 2030, to the state auditor, the education committees
of the house of representatives and the senate, or their successor
committees, and the finance committees of the house of representatives
and the senate, or their successor committees.
The bill repeals the income tax credit, effective July 1, 2032.

Current law allows a physician to submit documentation to the
department of public health and environment (department) stating that a
patient has a debilitating medical condition or disabling medical condition
and may benefit from the use of medical marijuana. The bill clarifies that
the physician is submitting a recommendation to the department rather
than a certification or authorization.
The bill removes the following requirements for a physician's
recommendation to the department:
  • The physician's federal drug enforcement agency number;
  • The maximum THC potency level of the medical marijuana
product;
  • The recommended medical marijuana product;
  • The patient's daily authorized quantity of the medical
marijuana product; and
  • Directions for use of the medical marijuana product.
The bill allows a physician to establish a bonafide
physician-patient relationship remotely via video or telephone conference
if the patient is:
  • 21 years of age or older;
  • Under 18 years of age; or
  • 18 years of age or older but under 21 years of age and the
patient received a medical marijuana recommendation prior
to 18 years of age.
The bill clarifies that a patient must only present a uniform
certification form completed by a recommending physician to a medical
marijuana store if the patient seeks to purchase more than the statutorily
allowed limit of medical marijuana products.
Current law limits the amount of medical marijuana concentrate
that a patient may purchase in a single day to 8 grams. The bill increases
that limitation to 40 grams, but limits the total amount that a patient can
purchase in a 30-day period to the equivalent of 8 grams per day. Current
law limits the combined amount of medical marijuana products that a
patient may purchase in a single day to 20,000 milligrams. The bill adds
an exception to that limitation for nonedible, nonpsychoactive medical
marijuana products.
Current law limits the amount of medical marijuana concentrate
that a patient 18 years of age or older but under 21 years of age may
purchase in a single day to 2 grams. The bill allows a patient that is 18
years of age or older but under 21 years of age and had a registry
identification card issued by the department prior to 18 years of age to
purchase in a single day up to 8 grams of medical marijuana concentrate.
The bill clarifies that when a physician issues a uniform
certification form to a patient 18 years of age or older, the physician may
consider whether the patient had a registry identification card issued by
the department prior to 18 years of age as a factor in recommending that
the patient be allowed to purchase more than the statutorily allowed
quantities of medical marijuana products.
The bill allows a retail marijuana store to sell retail marijuana
products to patients at the statutorily allowed limit for medical marijuana
products and registered primary caregivers 21 years of age or older who
present a registry identification card issued by the department. The bill
also allows a registered primary caregiver to purchase retail marijuana
products for a patient who is under 21 years of age at the applicable
statutorily allowed limit for medical marijuana products for patients under
21 years of age.

As an alternative route to teacher licensure, the bill creates a
teacher degree apprenticeship program (apprenticeship program), which
builds on elements of current alternative teacher licensure programs,
including a bachelor's degree requirement, training programs approved by
the state department of education (CDE), and structured on-the-job
training. The apprenticeship program is run collaboratively with the
United States department of labor apprenticeship office (DOL office) and
utilizes apprentice mentor teachers and apprenticeship program sponsors.
The bill allows CDE to issue a teacher apprenticeship
authorization (authorization) to a person (apprentice) who is employed by
a school district, board of cooperative services, charter school, or institute
charter school (school) who is actively registered in an apprenticeship
program, and who is actively enrolled in an affiliated bachelor's degree
program from an accredited institution. The authorization is valid for 4
years while the apprentice completes the bachelor's degree requirement
of the program. CDE may renew the authorization for 2 years. An
authorization is invalid if the apprentice withdraws from any part of the
apprenticeship program or fails to make satisfactory progress.
Upon application from an entity with expertise in apprenticeship
or teacher preparation, CDE shall authorize the entity to serve as a teacher
apprenticeship program sponsor (sponsor). Applications to serve as a
sponsor must include a proposed work process schedule and related
instruction required by the DOL office. CDE shall review each
application and approve or disapprove the sponsor. If approved, the
sponsor may apply to CDE for approval of an apprenticeship program.
An apprenticeship program must meet the following criteria:
  • Be registered with the DOL office;
  • Incorporate a bachelor's degree program from an accredited
institution in a related field of study relative to the licensure
type; and
  • Incorporate on-the-job training in meaningful and
time-saving ways.
Every 5 years after apprenticeship program approval, CDE shall
consult with the DOL office concerning the federally required audit of the
apprenticeship program to ensure the apprenticeship program continues
to meet requirements.

The bill creates a Colorado school transportation modernization
task force (task force) to create a report containing findings and
recommendations to improve public school transportation services for
students.
The task force specifies task force membership, including the
commissioner of education or the commissioner's designee, and members
appointed by the commissioner.
The task force must prepare, publish, and share the findings of its
the report by January 31, 2024, with the education committees of the
general assembly, the state board of education, and the governor.

Legislative Interim Committee on School Finance. The bill
increases the required annual appropriation to the department of
education by an additional $40,203,671 to fund children who have one or
more disabilities and receive special education services from a school
district, board of cooperative services, a charter school network, a charter
school collaborative, or the state charter school institute that is providing
educational services to exceptional children.